West Virginia Record

Wednesday, February 19, 2020

Insurer sues owner of filling stations over claim of bad fuel

By Philip Gonzales | Aug 8, 2016

Law money 04

NEW CUMBERLAND — An assignee is suing Smith Oil Company Inc., an owner of filling stations, citing alleged negligence.

Progressive Paloverde Insurance Company, assignee of Terry L. Sanders, filed a complaint on July 18 in Hancock Circuit Court against Smith Oil Company Inc. alleging that the refueling station owner breached its duty to provide pure and safe fuel.

According to the complaint, the plaintiff alleges that Sanders, the plaintiff assignor, stopped to fuel his vehicle at one of the defendant's filling stations. After traveling for approximately 10 miles, his automobile's engine stopped, the suit says, adding that a fuel sample was taken and tested and showed water in it. As a result, the plaintiff assignor suffered financial losses in the amount of $11,443.46 for the repair costs, the suit says. The plaintiff holds Smith Oil Company Inc. responsible because the defendant allegedly negligently allowed water to infiltrate its fuel.

The plaintiff requests a trial by jury and seeks judgment against the defendant for compensatory damages in the sum amount of $11,443.46, pre- and post-judgment interest at 7 percent per annum and costs expended for this action. It is represented by Steven M. Recht of Recht Law Offices in Weirton.

Hancock Circuit Court Case number 16-C-98

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Organizations in this Story

Hancock Circuit CourtSmith Oil Company Inc.Progressive Paloverde Insurance Company