Dec 02, 2015 at 09:17 AM CST
CHARLESTON – A&R Logistics, Inc. is suing Kenworth Truck Company after it claims a Kenworth vehicle caused a fire on its premises.
PACCAR, Inc. was also named as a defendant in the suit.
A&R purchased and used Kenworth tractor-trailers that were designed, manufactured, assembled, distributed, sold and/or otherwise placed into the stream of commerce by PACCAR and Kenworth, including a 2011 Kenworth T660 tractor-trailer, according to a complaint originally filed in Wood Circuit Court and removed to federal court.
A&R claims on Sept. 22, 2013, a fire occurred on its premises and, a subsequent investigation revealed that the fire was caused by wiring/cabling in the engine compartment of the 2011 Kenworth vehicle, which was parked in one of the garage bays on A&R’s premises.
As a result of the fire, A&R sustained substantial and/or permanent damage to its property, along with incidental and consequential damages, in excess of $200,000. In addition, A&R mechanics lost tools and equipment they kept and used on the premises, according to the suit.
A&R claims the defendants owed a duty to exercise due and ordinary care in their business pursuits, and to act as would a reasonably prudent designer, manufacturer, assembler, distributor and/or seller of motor vehicles in order to prevent unreasonable risks of harm and/or property damage.
The defendants knew or should have known that their failure to exercise due and ordinary care would cause unreasonable risks of harm and/or property damage, and they were negligent, according to the suit.
A&R claims the defendants also had a strict liability to them, and breached express and implied warranties.
A&R is seeking compensatory damages in an amount in excess of $200,000 with pre- and post-judgment interest. It is being represented by Charles R. Steele of Steele Law Offices and Steven L. Smith of the Law Offices of Steven L. Smith.
PACCAR is represented by Russell A. Williams and Thomas V. Flaherty of Flaherty Sensabaugh Bonasso PLLC.
The case is assigned to District Judge Thomas Johnston.
U.S. District Court for the Southern District of West Virginia Case number: 2:15-cv-14765