CHARLESTON — A Charleston man says Dohm Cycles failed to properly fix his scooter.
Robert Slack delivered his scooter to the defendant's service department on June 24, 2022, to obtain a safety inspection, according to a complaint filed in Kanawha Circuit Court.
Slack claims the defendant's technicians performed various work on the scooter, including the replacement of a throttle cable and charged him for various work and the safety inspection, and even applied for a new certificate of inspection sticker for the scooter.
Slack claims the defendant owed a duty to exercise reasonable and ordinary care in performing the safety inspection.
"In affixing the certificate of inspection to plaintiff's scooter, defendant represented that plaintiff's scooter and its components and equipment were in good working order and safe for operation of the roadway," the complaint states.
On July 1, 2022, the defendant notified the plaintiff that the scooter was ready for pickup and he retrieved the scooter, paid the invoice and drove the scooter away from the facility, however, when he was one block away, he attempted to stop the scooter at a stop sign and the throttle failed, resulting in him crashing and being injured, according to the suit.
Slack claims the defendant was negligent and reckless.
Slack is seeking compensatory and punitive damages. He is represented by Dan Snuffer of WVLawyer PLLC in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-883