PRINCETON — A paving and sealing business is suing Tarmac Inc. and Tarmac International Inc., construction equipment suppliers, citing alleged breach of contract and negligence.
AAA Paving and Sealing Inc. filed a complaint on May 31 in Mercer Circuit Court against the defendants, alleging that they sold the plaintiff a 20,000-gallon propane that has not been identified as state or federal regulated.
According to the complaint, the plaintiff alleges that on Sept. 14, 2015, AAA Paving and Sealing Inc. engaged in business transactions with Tarmac Inc. under a purchase agreement. The plaintiff was given a 20,000-gallon tank with no marks that it has been approved by either state and federal regulations, and therefore cannot be legally used, the suit claims, adding that the plaintiff could not transport the tank to West Virginia due to the legality issues. The plaintiff claims the defendants were fully aware that the selling of such a tank is illegal but wilfully violated that standard.
The plaintiff requests a trial by jury and seeks a total amount not to exceed $74,999.99. It is represented by Kenneth E. Chittum of Kenneth E. Chittum and Associates in Bluefield.
Mercer Circuit Court Case number 16-c-173-WS