WHEELING — A West Virginia business that stores gasoline in underground storage tanks is suing the installer of one of its tanks, alleging it was damaged during installation.
Schmidt Brothers Inc., filed a complaint in Ohio Circuit Court against Shockey Excavating Inc., alleging negligence, breach of contract and misrepresentation.
Schmidt entered into a contract with Shockey on Jan. 23, 2017 to remove underground tanks and install a fiberglass wall tank at its business in Wheeling. Schmidt alleges it paid Shockey $125,000 for the work and materials. In October 2019, Schmidt discovered the new tank was damaged due to Shockey's handling and installation, the suit says.
Schmidt seeks monetary relief, trial by jury, interest and all other just relief. It is represented by Anthony Werner and Joseph John of The John & Werner Law Offices PLLC in Wheeling.
This case has been assigned to Circuit Judge Jason Cuomo.
Ohio Circuit Court case number 20-C-35
