$660,000.00 JUDGMENT OBTAINED ON BEHALF OF EQUIPMENT RENTAL COMPANY
Fitzsimmons Law Firm has obtained a judgment on behalf of its client, an equipment rental company, against the Greenbrier Hotel Corporation and Old White Charities. The underlying claim arose from an equipment rental agreement between The Greenbrier / Old White Charities and the equipment rental company regarding the use of the company’s equipment in the annual Greenbrier Classic professional golf tournament. The plaintiff’s equipment was damaged and/or destroyed during the tournament and the equipment rental company claimed the Greenbrier breached the rental agreement by failing to pay them for the damage to their property while it was in The Greenbrier’s possession.
The plaintiff filed a lawsuit in the United States District Court for the Southern District of West Virginia alleging the Greenbrier breached its agreement by failing to pay them for the damage to their property while it was in The Greenbrier’s possession. The plaintiff also claimed The Greenbrier reached a settlement regarding the damage in September of 2017, but then backed out of the deal. The plaintiff further alleged The Greenbrier submitted a claim and received insurance proceeds for the damages property but kept the money for its personal use instead of properly paying it to the plaintiff. In its Complaint, the plaintiff asserted causes of action for breach of contract, conversion, unjust enrichment, breach of the implied covenant of good faith and fair dealing, and violations of the unfair claims settlement practices act (W.Va. Code § 33-11-4(9)). The plaintiff also asserted a claim for punitive damages.
In March of 2018, U.S. District Judge Irene C. Berger, entered Judgment in the equipment rental company’s favor and against the Greenbrier Hotel Corporation and Old White Charities in the amount of $622,980.90, plus pre-judgment interest in the amount of $40,105.10 and post-judgment interest at 5 percent until the judgment is paid.
Fitzsimmons Law Firm PLLC is a plaintiff’s litigation firm located in West Virginia. In addition to handling serious personal injury and wrongful death claims, the Firm also regularly represents business and corporations in complex commercial or insurance matters on a contingency basis.