Man says Ohio Co. repair shop took his money but did not fix truck

By Noddy A. Fernandez | Feb 27, 2019

WHEELING — A vehicle owner is suing an auto repair shop, citing alleged breach of contract, fraud and unjust enrichment.

Christopher M. Nowak filed a complaint in Ohio Circuit Court against Gary's Body Shop, Inc. and Gary L. Bitzer Jr. alleging that they misapplied the funds provided for his truck to some other purposes.

According to the complaint, in March and April 2018, Nowak made several calls and visited the defendants' shop weekly to check on the status of his truck that was being repaired after a vehicle accident. Nowak claims he made numerous payments in a timely fashion as per the defendants' requests, amounting to $13,049.40, but the truck allegedly remained stripped down, could not be driven and no other work had been completed. The defendants allegedly misrepresented the status of the work completed on his truck and misapplied the funds that were provided to complete the services as promised. 

The plaintiff holds Gary's Body Shop, Inc. and Gary L. Bitzer Jr. responsible because they allegedly failed to use the funds provided to repair the truck in a diligent, cost-efficient manner.

The plaintiff requests a trial by jury and seeks judgment for damages and for such other relief as the Court deems just and proper, including an award of attorneys' fees, if permitted. He is represented by Holly S. Planinsic and Jacquelyn J. Cowan of Herndon, Morton, Herndon & Yaeger in Wheeling.

Ohio Circuit Court Case number 19-C-17

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Herndon Morton Herndon and Yaeger Ohio Circuit Court

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