Hurricane attorney sues tire shop for refusing to abide by warranty

By Kyla Asbury | Jan 29, 2019

WINFIELD — A Hurricane attorney is suing a tire shop he claims failed to abide by its warranty when he purchased new tires.

Charles M. Johnson purchased four new tires from C. Adam Toney Tire Pros in Hurricane on July 28 for his 2012 Jeep Grand Cherokee, according to a complaint filed in Putnam Circuit Court.

Johnson claims he was returning from a charity event in Morgantown on Aug. 18 when he discovered noise and vibration in the rear of the vehicle and exited at a rest stop to check on the vehicle.

While attempting to park the vehicle, the wheel continued to roll down the rest area parking lot and the vehicle came to a sudden halt in the middle of the parking lot, according to the suit.

Johnson claims he inspected the vehicle and discovered the lug nuts had been completely sheared off.

The incident resulted in Johnson being stranded at the rest stop for more than seven hours without food or anything to drink except for a half-empty bottle of warm water, according to the suit.

Johnson claims when he purchased the tires, included with them was a warranty and roadside assistance and he immediately called Toney.

Toney's roadside assistance personnel failed and refused to obtain a tow for Johnson's vehicle, so he had to find one himself, according to the suit.

Johnson claims Ron's Towing agreed to tow his vehicle to Toney in Hurricane and two days later, he contacted Toney and requested repair of the vehicle at Toney's expense and for Toney to reimburse him for the tow bill.

Toney refused to repair the vehicle and refused to honor the warranties covering the negligent tire installation, according to the suit.

Johnson claims on Sept. 11, he had the vehicle towed to Walker Jeep in Hurricane and the vehicle was repaired there. Two days later, Toney refused to pay for the damages to the vehicle.

Toney had a duty of due care and failed to abide by it, according to the suit. Toney failed to properly install the tires and damaged Johnson's vehicle with his negligence.

Johnson claims the incident was covered by the service and tire replacement warranty and Toney breached the warranty.

Johnson is seeking compensatory damages. He is representing himself.

Putnam Circuit Court case number: 18-C-210

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