Truck owner claims rims, tires stolen from repair lot

Kelly Holleran Sep. 20, 2010, 3:47pm

A Silsbee man claim he has lost profits and the use of his truck after rims and tires were stolen from his vehicle while it sat in a repair company's parking lot.

James Olcott filed a lawsuit Sept. 9 in Jefferson County District Court against Cleveland Mack Sales, doing business as Performance Truck.

Olcott claims he delivered his 1998 Volvo Tractor and 2000 Fontaine Trailer to Performance Truck in Beaumont on June 8 for repairs from a collision.

The truck needed an alignment, an air brake system lift, repair to a leak in the trailer hub and replacement of the trailer hub, trailer mud flap and trailer rim, according to the complaint.

While Olcott's vehicle sat in Performance Truck's parking lot while being repaired, an unknown person stole 10 of its tires and rims on July 9, the suit states.

After the incident, Olcott asked Performance Truck to replace the stolen items, but the company refused to do so, the complaint says.

As a result, the repairs still have not been completed, and Olcott claims he has lost the use of his truck. In addition, he sustained repair and remedial costs, lost earnings, lost profits and incurred replacement costs, the suit states.

Olcott alleges Performance Truck violated the Deceptive Trade Practices Act and accuses the company of negligence.

In his complaint, Olcott seeks economic and actual damages, plus pre- and post-judgment interest at the maximum rate allowed by law, attorney's fees, costs and other relief the court deems just.

Charles M. Kibler Jr. of The Kibler Law Firm in Silsbee will be representing him.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County Circuit Court case number: A188-075

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