POINT PLEASANT — The owners of Tom Tom's Restaurant are suing General Motors LLC and Liberty Mutual Insurance Co., manufacturer and insurer, citing alleged negligence and breach of warranty.
Thomas Thompson, individually and as owner of Tom Tom's Restaurant, and Kathleen Thompson filed a complaint in Mason Circuit Court against the defendants, alleging that they violated the West Virginia Consumer Protection Act.
The plaintiffs allege that their 2016 Chevrolet Cruise caught fire. The plaintiffs had bought the car from a General Motors dealer, and the vehicle was insured by Liberty Mutual.
The fire quickly spread to plaintiff's restaurant, causing devastating damage, according to the complaint.
The plaintiffs hold General Motors and Liberty Mutual Insurance responsible, alleging that GM negligently designed, manufactured and distributed a defective vehicle and then failed to replace it the fire. Liberty is accused of failing to preserve the vehicle as evidence.
The plaintiffs request a trial by jury and seek judgment against the defendants for all damages, attorney's fees, and all issues so triable. They are represented by Nic Dalton of Nic Dalton Law Inc. in Point Pleasant.
Mason Circuit Court Case number 18-C-57