CHARLESTON — A motion for entry of default against a defendant in a lawsuit alleging property damage.
The plaintiffs, Chad and Sarah Shamblin, filed the motion last month in Kanawha Circuit Court asking Circuit Judge Ken Ballard to file an entry of default against Chamber's Auto Repair & Towing.
The Shamblins argue they filed the complaint on Nov. 15 and the defendant was served on Nov. 17. Their deadline to respond to the complaint was Dec. 17 and the defendant has still never responded to the complaint.
"Accordingly, Plaintiff is entitled to entry of default," the motion states.
The Shamblins want Ballard to enter default against Chamber's Auto Repair & Towing.
The Shamblins filed the lawsuit against Chamber's and Kanawha County Sheriff's Office alleging damages from a fire.
On Jan. 14, 2021, three individuals drove a stolen vehicle onto the plaintiffs' property in Elkview and set the vehicle on fire. The plaintiffs' property is a farm and heavily wooden in parts, so the area where the fire was was not readily visible from their home, according to the suit.
The Shamblins claim when the Kanawha County Sheriff's Office was alerted to the vehicle, it set out to remove the vehicle from the property and contacted Chamber's to remove the burned-out vehicle.
In removing the vehicle, the defendants caused damage to the ground in the form of deep ruts and damage to six trees and when the Shamblins got an estimate for repairing the damage, it was $26,686.56.
The Shamblins claim the defendants were negligent and caused damage to their property when removing the burned-out vehicle.
"As a direct and proximate result of Defendants' negligent, careless and reckless actions and omissions, Plaintt has sustained damages, including considerable damage to their property which will cost several thousands of dollars to correct," the complaint states.
The Shamblins are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Ronald N. Walters Jr. of Walters Law Firm in Charleston.
Kanawha Circuit Court case number: 21-C-1023