CHARLESTON – A Kanawha County business is seeking damages from a repair shop and an auto manufacturer after its truck was returned to it from an oil change with a blown engine.
Priority One Investments LLC filed a complaint in Kanawha Circuit Court against Bert Wolfe Inc. and Ford Motor Co. alleging breach of contract, negligence, breach of warranty and vicarious liability.
The suit states that the plaintiff was the owner of a 2013 Ford F-350 and it delivered the truck to Bert Wolfe for an oil change on April 26, 2016. The suit states that the plaintiff got the truck back, but the truck would not start.
"While not entirely explained to the plaintiff, somehow defendant Bert Wolfe either blew the engine or there was a defect in the engine caused by defendant Ford," the suit states.
The suit states a new engine was installed by the defendants, but the plaintiff had no say in what replacement engine would be used.
The plaintiff alleges the defendants breached the implied and expressed warranties by provided it with a truck that did not comply and is now of a lesser value.
The plaintiff is seeking all compensatory damages, attorney fees and court costs. The plaintiff is represented by Michael J. Del Giudice of Ciccarello, Del Giudice & Lafon in Charleston.
The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 19-C-755