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Friday, March 29, 2024

Judge awards PACCAR Financial Corp. $80,000 in lawsuit

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CLARKSBURG – A federal judge awarded PACCAR Financial Corp. a judgment of $80,002.80 in a lawsuit it filed alleging that High Point Trading defaulted on a lease.

“In addition to conducting a thorough review of the pleadings, the parties’ Rule 26 disclosures, and the record as a whole, the Court has conducted two telephonic hearings in this matter with counsel,” District Judge Irene Keeley wrote. “During the course thereof, it has become apparent that the Defendants are without a viable defense to Plaintiff’s claims and that further litigation would serve neither the interests of the parties nor judicial economy.”

Keeley said for those reasons, the defendants agreed to the entry of judgment against them for the principal amount requested in the complaint.

“Finding this result to be reasonable and appropriate under the circumstances, it is accepted and adopted by the court,” Keeley wrote.

PACCAR filed the lawsuit against High Point and William Francis Gatian III on Feb. 17, 2017, in the U.S. District Court for the Northern District of West Virginia.

High Point and PACCAR entered into an equipment lease agreement in January 2012 for two dump trucks. The defendants failed to pay the monthly payments beginning in 2015.

PACCAR took back possession of the dump trucks in November 2015 and sold them on Sept. 28, 2016 to recoup some of the costs. High Point still owed the $80,002.80.

PACCAR was represented by W. Bradley Sorrells and Chelsea E. Richmond of Robinson & McElwee.

U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00023

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