A copy has been served upon all parties of record.

Transcription

1 EO. Box ~-Q65~ Michael L. Solomon April 2,2014 Ms. Ingrid Ferrell, Executive Secretary PUBLIC SERVICE COMMISSION P. 0. Box 812 Charleston, WTI RE: Case No.: MC-FC i -E;I x= F-i;a -%$ * --2 CG Dear Ms. Ferroll: Pursuant to Rule 4.le of the Rules of Practice and Procedure of the West Virgnia Public Service Commission, enclosed please find the following: 1. Original and twelve (12) copies of unredacted SUMMERS TOWING AND REPAIRS, INC. S RESPONSES TO SENTRY INSURANCE COMPANY S DISCOVERY REQUESTS to be fded under seal; and 2. Origmal and twelve (12) copies of redacted SUMMERS TOWING AND REPAIRS, INC.5 RESPONSES TO SENTRY INSURANCE COMPANY S DISCOVERY REQUESTS. The redacted filing excludes copies of the respondent s employees pay stubs. A copy has been served upon all parties of record. If you have any questions or require anything further, please don t hesitate to contact me. Sincerely, SOLOMON 8z SOLOMON MLS/bas Enclosures cc: Keith B. Walker, Esq., w/encls. Scott H. Kaminski, Esq., wlencls. Michael L. Solomon

2 STATE OF WEST VIRGINIA PUBLIC SERVICE COMMISSI CHARLESTON SENTRY INSURANCE, vs. Complainant, / / / CASENO.: MCFC SUMMERS TOWING AND REPAIRS, INC., Defendant. SUMMERS TOWING AND REPAIRS, INC. S RESPONSES TO SENTRY INSURANCE COMPANY S DISCOVERY REQUESTS 1. Please explain why it took the Defendant over two hours to arrive at the accident site once it was notified of the accident. RESPONSE: It did not take over two hours to arrive at the accident site once Summers was notified of the accident. 2. Please explain why you charged for 12.5 hours of service considering that you were called to the site at 4:44 p.m. on October 14,2013 and local police department cleared the roadway at approximately 10:30 p.m. on October 14,2013. RESPONSE: We charged for 12.5 hours because that is the length of time it took to complete the job. We continued to work after the local police cleared the roadway. 3. Please identify by name, address, telephone number and equipment driven all employees who drove equipment to and/ from the subject accident site. Attorneys at Law

3 RESPONSE: Kevin Summers No Equipment 225 Canfield Street Star City, WV Darrell Summers No Equipment 2068 Stewartstown Road Morgantown, WV Randy Nuce Heavy Duty Rotator 158 East HLUview Drive Morgantown, \yrv Michael Helmick Heavy Duty Rotator 509 Kensington Avenue Morgantown, WV Randy Nuce Small Wrecker 158 East Hillview Drive Morgantown, WV James Matthew Cost Dump Trump and Road Tractor 99 Dustin Lane Morgantown, WV Joe Perkins Recovery Rescue Unit 1328 IGngwood Pike Morgantown, WV Charles Lewis Small Wrecker 370 Wiseman Road Morgantown, WV Dan Summers No Equipment 984 Chestnut Ridge Road Morgantown, WV (10) Gavin Brock No Equipment 385 Aarons Creek Road Morgantown, \W (11) Jennifer Clovis Van Voorhis Road Morgantown, WV SOlOIt3Qn db SOIOQOn Attorneys at Law 4. Please identify by name, address, and telephone number all employees or subcontractors at the subject site who did not act as drivers but were on the scene to assist with the towing function.

4 RESPONSE: These inlviduals are listed in my response to Request No. 3 and identified as no equipment. Also, Jennifer Clovis was not on the site. 5. Explain whj7 a medium duty wrecker was used at the accident site when two rotators were on site and could perform the same function. RESPONSE: Dan Riggs Towing was initially called by the Bridgeport City Police with the largest wrecker they had. Dan Riggs responded with a medmm duty wrecker but this equipment was not sufficient to handle the job so Summers Towing was called to respond with their equipment. Summers used its two (2) small wreckers as flag cars to escort the hauling of the wrecked vehicle to Summers Towing facility in Morgan town. 6. Explain by the Defendant charged the Complainant for a fuel surcharge fee, an adrmnistrative fee, and a fee for small wrecker flags concerning the subject accident. RESPONSE: Please see attached Fuel Charge Supplement To Wrecker Company s Tariff. This fuel surcharge was only added to equipment that uuhzes fuel. The administrative fee consists of two hours of time for Jennifer Clovis to prepare the bdling and one hour for Darrell Summers to assist in preparing the bdl. Jennifer Clovis time is billed at $30.00 per hour which is the PSC approved rate for labor and Darrell Summers is also bdled at $30.00 per hour, however, Ah. Summers received time and a half for work performed after 5:OO p.m. pursuant to the Public Service Commission tariff for Summers Towing. With respect to the fee for two (2) small wreckers, please see our response to Request No Please provide a copy of the log books for all trucks dispatched by the Defendant to the accident site. RESPONSE: Fie do not have log books for this job and were not required to keep log books for Solomon &s Solomon Attwneys at Law this job.

5 8. Please produce a copy of the time cards and paychecks of all employees or agents of yours who provided any services for the subject accident. RESPONSE: These documents are attached. SUMMERS TOWING AND REPAIRS, INC., Defendant, By Counsel SOLOMON & SOLOMON "Y MICHAEL L. SOLOMON WV STATE BAR I.D. #3512 Attorney at Law I?. 0. Box 655 Morgantown, LW (304) mlsolomonki? frontier.com Attorneys at Law

6 CERTIFICATE OF SERVICE I hereby certify that on the day of April, 2014, I served the foregoing SUMMERS TOWING AND REPAIRS, INC. S RESPONSE TO SENTRY INSURANCE COMPANY S DISCOVERY REQUESTS upon counsel of record by placing a copy of same in an envelope, postage prepaid, in the United States Mail, addressed as follows: Keith B. Walker, Esq. PUBLIC SERVICE COMMISSION 201 Brooks Street P. 0. Box 812 Charleston, WJV Scott E. I<am?nsh, Esq. ATTORNEY AT LAW P. 0. Box 3548 Charleston. WV sq MICHAEL L. SOLOMON W V STATE BAR I.D. #3512 SOLOMON & SOLOMON Morgantown, WV (304) mlsolomon@frontier.com bl5z235n 81 SQlOlnOn Attwneys at Law

7 VERIFICATION STATE OF WEST VIRGINIA, COUNTY OF MONONGALIA to-wit: President of I, DAWLL SITblMERS,/,the D~ enrlant named in the foregoing 1 RESPONSES TO DISCOVERY REQUESIS say that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that so far as they are therein stated to be on information, I believe them to be true. 4 Taken, subscribed and sworn to before me this day by D,!!I%L S m S p President of Sr3 l-s TOWING &D My commission expires: A Attorneys at Law 33oche bultstreet

8 Summers Towing and Repair P.2 Attachment A Pam 2 of2. I hereb file a fuel surcharge supplement to &e tariff of the above carrier, in the amount of di aq. %> as authorized by the Public Service Commission of West Virginia, in M.C. Generd Order No dated Junes: understand tbat this surcharge will expire by the terms of the Coinmission order, on a certain date, unless &e surcharge is extended by firrther order(s) of the Commission. I fkher understand that the fuel surcharge does not take effect until this form is received by the Commission and properly filed. I certifjl that the regal entity or individual actuaiiy responsible, by contract or otherwise, for the payment of hei charges will receive the full increase in revenue to be derived fiom the proposed surcharge. n W Position with Wrecker Cornpany

9 Summers Towing and Repair '- 1 9 i 3 GARAGE & TOWlNG Route 4 Box 252 Bridgeport, WV Phone (304) NONCONSENTTOW WREZKER \WE, AND FOR SERVICES DENTIAL THERETO, RRE REGULATE0 BY R E PUSLIC SER. VICE CSMMISSION OF \VEST WRG:NIA. IF YOU FEEL THAT "CU WlVE BEEN CHARGED UNFAIRLY, YOU MAY COMPLAIN 10 WTAT AGENW A? THE FOLLOWING ill. DRESS: EXEtUTlYi SECRETARY, PUQLIC SERWICE COMMISSION OF WEST VIMINIA, P.O. BOX 812, CHARLESTON. MN a323 Print Name: Print Name. -

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