LOGAN – An automobile dealership has filed a counter suit against a competing dealership after the competitor’s suit was dismissed.
Thornhill Group Inc.. doing business as Thornhill Ford Lincoln in Logan County, has filed a suit in Logan County Circuit Court against Boone Motors Sales Inc. — doing business as Stephens Auto Center — and Richard Stephens, William T. Forrester and McBrayer, McGinnis, Leslies & Kirkland PLLC over claims that the defendants abused the civil process and intended to maliciously prosecute the plaintiff for gain.
The plaintiffs assert that on May 22, 2014, defendant Boone filed a petition for temporary relief and complaint against the plaintiff and the Ford Motor Company in Boone County Circuit Court requesting declaratory relief and made claims of violation of statute, breach of contract, tortious interference and civil conspiracy. Boone also allegedly requested injunctive relief.
Defendant Boone allegedly hired Forrester, who works for McGinnis, Leslie & Kirkland PLLC, to serve as his attorney. Plaintiffs assert that when the Business Court Division request Boone to produce expert witnesses for his case, he failed to do so. On April 22, 2015, defendant Stephens allegedly admitted that he had no evidence of damage and no evidence to support Boone’s claims against Plaintiffs.
Throughout the hearing process, defendant Forrester had allegedly failed to appear at hearings or to read the order of court granting summary judgment that was circulated to both plaintiffs and defendants. The plaintiff asserts that at the hearing set for September 2, 2015, the Business Court Division found that defendant Boone did not have a meritorious underlying claim, Forrester’s dilatory conduct was a delaying tactic, and the defendants failed to produce any facts or evidence that would support Boone’s allegations against the plaintiff, the counter suit claims.
The plaintiff is suing for compensatory, consequential, and incidental damages; attorneys' fee in the previous and current lawsuit; punitive damages, and any other relief deemed just by the court. The plaintiff is represented by Andrew G. Fusco and Dylan C. Lewis of the offices of Bowles Rice LLP in Morgantown, West Virginia.
Logan Circuit Court Case number 16-C-11