CHARLESTON — Evan's Used Cars is suing C & E Auto Repair for breach of contract.
Kodali Holdings LLC is doing business as Evan's Used Cars.
Evan's Used Cars delivered a 2011 GMC Acadia to the defendant for repair on June 17, 2021, and the defendant inspected and diagnosed the vehicle and determined it was in need of a timing set and gasket set replacement, according to a complaint filed in Kanawha Circuit Court.
Evan's claims the defendant quoted the repair price total as $1,650, of which $900 was for parts and the vehicle should be completed on June 25, 2021.
"The defendant requested an initial payment of $900 for parts from the plaintiff, and the plaintiff paid the same to the defendant as plaintiff was anxious to have the vehicle repaired as soon as possible," the complaint states.
The plaintiff made weekly inquiries as to the status of the repair of the vehicle because it was not ready on June 25, 2021, as initially quoted.
Despite that quoted completion date, the vehicle sat in disrepair for several weeks and was moved to the defendant's side lot for storage and was left unattended, according to the suit.
Evan's claims on Aug. 16, 2021, the defendant advised that additional parts and labor were needed to fix the vehicle and said it would be $600 more, so the plaintiff promptly paid the additional $600.
On Oct. 20, 2021, the plaintiff requested a status update and during the interaction, Earl Davis, one of the defendant's members and/or owners became erratic and began making threatening statements and racist remarks to the representatives for the plaintiff, according to the suit.
"Eventually, law enforcement was contacted and advised the plaintiff that the defendant wanted the vehicle removed from his business location," the complaint states. "The plaintiff promptly removed the vehicle that same day."
However, the plaintiff's money was not refunded and the plaintiff had to incur the costs of removing the vehicle and having it repaired by another auto repair business.
Evan's claims the defendant breached its contract and caused damages.
Evan's is seeking compensatory and punitive damages. It is represented by Brian R. Blickenstaff of Turner & Johns in Charleston.
The case is assigned to Circuit Judge Tera Salango
Kanawha Circuit Court case number: 22-C-138