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Tuesday, 12 March 2019 21:17

Man Says Auto Body Shop Took His Money, Did Not Fix Truck in Ohio County, WV

Written by Noddy A. Fernandez, West Virginia Record

A vehicle owner is suing an auto body repair shop, citing alleged breach of contract, fraud and unjust enrichment.


Christopher M. Nowak filed a complaint in Ohio Circuit Court against Gary's Body Shop, Inc. and Gary L. Bitzer Jr. alleging they misapplied the funds provided for his truck to some other purposes.


According to the complaint, in March and April 2018, Nowak made several calls and visited the defendants' shop weekly to check on the status of his truck that was being repaired after a vehicle accident. Nowak claims he made numerous payments in a timely fashion as per the defendants' requests, amounting to $13,049.40, but the truck allegedly remained stripped down and could not be driven. No other work had been completed. The defendants allegedly misrepresented the status of the work completed on his truck and misapplied the funds that were provided to complete the services as promised.


The plaintiff holds Gary's Body Shop, Inc. and Bitzer Jr. responsible because they allegedly failed to use the funds provided to repair the truck in a diligent, cost-efficient manner.


The plaintiff requests a trial by jury and seeks judgment for damages and for such other relief as the Court deems just and proper, including an award of attorneys' fees, if permitted. He is represented by Holly S. Planinsic and Jacquelyn J. Cowan of Herndon, Morton, Herndon & Yaeger in Wheeling, WV.


We thank West Virginia Record for reprint permission.

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