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Defendant denies allegations, files counterclaim in lawsuit about antique vehicle

WEST VIRGINIA RECORD

Thursday, November 21, 2024

Defendant denies allegations, files counterclaim in lawsuit about antique vehicle

State Court
Mechanic

Pixels

WAYNE — American Classic Restorations is denying allegations against it in its answer to a complaint filed last year in Wayne Circuit Court and filed a counterclaim in the case.

ACR also filed a counterclaim, arguing that Daniel Pridemore owes $24,899.79 for work performed on his vehicle and that ACR has ceased working on the vehicle because he has not paid the invoices, according to the answer.

ACR contends that Pridemore hasn't made any payments since April 2021, so it has not worked on the vehicle since Sept. 17, 2021, and that according to the contract, it is charging $35 per day for a storage fee for the vehicle effective Oct. 2. Interest charges in the amount of 2.5% are also in effect.

The company is seeking Pridemore to pay the balance with pre-judgment and post-judgment interest 

Pridemore filed his lawsuit last September in Wayne Circuit Court. He argued in his complaint that on Feb. 28, 2020, he delivered a 1941 Ford Convertible to the business for the purpose of restoration and conversion of the vehicle.

The plaintiff made a deposit on April 20, 2020, in the amount of $10,000 and then paid an additional sum of $30,773.79 for a total of $40,773.79, however, after 18 months, the defendants have failed to complete the restoration and conversion work contemplated and agreed upon between the parties.

"That rather than restoring said vehicle, that the Plaintiff believes and alleges that the Defendant has, due to negligence of the Defendant and its employees, damaged said vehicle contrary to the purposes previously contemplated and for the services specifically agreed upon with the Plaintiff," the complaint states.

Pridemore is seeking judgment for all work and labor allegedly invoiced by the defendant in the amount of $40,773.79. Pridemore is represented by Walton Shepherd III.

ACR is represented by Scott W. Andrews of Vanantwerp Attorneys LLP in Ashland, Ky.

The case is assigned to Circuit Judge Jason Frye.

Wayne Circuit Court case number: 21-C-71

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