WILLIAMSON — Moore Chrysler says its lawsuit against Thornhill Chrysler Dodge Jeep Ram should not be dismissed because it was properly filed before the court.
"Because there is a specific venue statute controlling venue of the instant action, the general venue statute is non applicable to the instant action," the response to motion to dismiss states. "As a general rule, statutory construction requires that a specific statute be given precedence over a general statute relating to the same subject matter where the two cannot be reconciled."
Moore Chrysler argues that when Thornhill Motor Cars Inc. towed its mobile home sales office to Fountain Place Mall, it also conferred venue of the matter to Mingo Circuit Court.
Moore Chrysler filed the lawsuit against Thornhill in February. It claims that in 2018, Fiat Chrysler Automobiles approached Moore Chrysler and requested it waive its right under West Virginia code and agree to Fiat permitting another dealership being placed in the relevant market area, which Moore refused to do.
"When Moore Chrysler refused to waive its rights...Fia Chrysler Automobiles provided a map to Moore Chrysler with a portion of 'downtown' Logan, West Virginia depicted, outside the twenty air mile radius protected by statute as Moore Chrysler's 'relevant market area,' and informed Moore Chrysler that Thornhill CDJR would be given a dealership in the area depicted in the orange block on the map," the complaint states.
Thornhill obtained a lease of an old tire store in Logan and began operating its dealership after that and then it eventually moved to Fountain Place Mall as its sales office and then sold vehicles on a gravel lot from a mobile home, according to a complaint filed in Mingo Circuit Court.
Thornhill moved again after that and Moore claims Fiat failed to obtain the consent of Moore Chrysler for the placement of the dealership at Fountain Place Mall.
Moore is seeking compensatory and punitive damages and an injunction enjoining Thornhill from operating in the relevant market area. Moore is represented by Charles Bailey and John Fuller of Bailey & Wyant.
The case is assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number: 21-C-21
