WEST UNION – A Clarksburg company alleges a St. Albans company that rented its Timbco and John Deere equipment for a Doddridge County job site returned the equipment with more than $100,000 in damages.
According to the filing in Doddridge Circuit Court, Davis Timber filed suit against Timberock LLC, Jeffrey Parson and Douglas Brown alleging breach of contract, gross negligence and negligence.
The case stems from an equipment rental agreement between Davis Timber and Timberock that was initiated in January, according to the suit. Per the agreement, Timberock was to return the equipment "in good repair, appearance and condition."
"....the John Deere Equipment returned to Davis Timber was significantly damaged, including damage to, but not limited to, the hydraulics, shock absorbers, tires, wheels, window panes, doors and various filters," the suit states.
Davis Timber also alleges the Timbco equipment was returned with damage to the "upper saw arms, one lower saw arm, assembly pins, bushings, cab cover, window door, rear window, front window, left side window, radiator swing guard, swing out air cooler, radiator, air charge cooler, engine guard bottom plate, window slide cover and beam work lights."
Davis Timber seeks damages for losses as well as attorneys' fees and costs. The plaintiff is represented by Debra Tedeschi Varner, James Varner Sr. and Claire Flynn Sellers of Varner & Van Volkenburg PLLC in Clarksburg.
Doddridge Circuit Court case number 19-c-19