NEW MARTINSVILLE — A Marshall County man has filed a class action lawsuit against medical transport provider, alleging breach of implied contract.
Troy Chanze Sr. individually and on behalf of all others similarly situated, filed a complaint in Wetzel Circuit Court against Air Evac EMS Inc., alleging the defendants breached the covenant of good faith and fair dealing.
According to the complaint, on April 16, 2016, Chanze he was involved in an accident involving an all-terrain vehicle, whereby Air Evac transported him by air from the scene of the accident in Wetzel County to West Virginia University Hospital, a distance of 39 air miles.
The suit says Chanze was billed for $34,789. After write-offs of ancillary charges and insurance payments, the plaintiff says he still owed the defendant $20,244.
The plaintiff alleges Air Evac EMS charged its patients many times higher than the actual cost without regard to any health insurance or government payment.
Chanze seeks trial by jury, an order certifying the case as a class action and appointing the plaintiff and his counsels as class representative and class counsels respectively, restitution of overpayments, compensatory damages, litigation costs and any further relief the court deems appropriate. He is represented by attorneys James G. Bordas and Jason E. Causey of Bordas and Bordas PLLC in Wheeling.
Wetzel Circuit Court case number 18-c-29