CHARLESTON — McCutcheon Trucking is seeking to have a lawsuit filed against it dismissed and is denying all allegations against it.
Matthew McCutcheon and McCutcheon Trucking contended in an answer to the plaintiff's complaint filed in Kanawha Circuit Court that it did not breach any contract, nor did it breach an implied covenant of good faith and fair dealing.
"The Defendants deny they are guilty of any negligence, misconduct or any intentional actions that proximately caused or proximately contributed to Plaintiff's claimed injuries or damages," the answer stated.
"Due to the general nature of the Plaintiffs allegations, the Defendants reserve the right to amend their Answer and Affirmative Defenses, if investigation, discovery and further information should warrant such an amendment, and further, search any applicable matters of law during the pendency of this action," the answer stated.
Jeffery L. Snyder loaned $70,367 to the defendants on July 19, 2019, and the defendants were supposed to make payments on the loan each month in the amount of $1,784.69 for 48 months. Jeffery Snyder died on Nov. 15, 2019, and since then the defendants have failed to repay the loan to his wife, Sandra K. Snyder.
Sandra Snyder claims the defendants have failed to resolve the outstanding debt and are in breach of the contract. She claims the defendants now owe $80,311.05 due to interest.
The defendants have been unjustly enriched at the plaintiff's expense and is a breach of the implied covenant of good faith and fair dealing, according to the suit.
Sandra Snyder is seeking damages in the amount of $80,311.05 with interest. She is represented by John F. Hussell IV of Wooton, Davis, Hussell & Johnson in Charleston.
The defendants are represented by Joshua Martin of The Martin Law Firm in Nitro.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-608