CHARLES TOWN - A Jefferson County couple says their Kia minivan was defective, and the air bags failed to deploy during a July accident.

Jason and Lindsey Schaeffer say they had bought the car just two months before the accident, which included their two small children, in a lawsuit filed Oct. 10 in Jefferson Circuit Court.

Kia Motors America and Bill Baisey Automotive are the defendants.

The Schaeffers allege their Kia Sedona's brakes and air bags were faulty. They say they had previously returned the van to the dealership because of problems with the brakes.

"The Kia was not in merchantable condition when sold to Plaintiffs or at any time thereafter, and was not fit for the ordinary purpose for which a car is used," the complaint says.

They also claim the defendants breached a warranty that claimed the van was safe for transporting children.

The Schaeffers seek a cancellation of contract and damages for breach of warranty.

"The Kia, as delivered, was without any value and was in fact a dangerous and deadly machine," the complaint says.

Punitive damages and court costs are also being sought by the Schaeffers, who are represented by Stephen Skinner of Charles Town firm Nichols and Skinner.

Judge Thomas Steptoe has been assigned the case.

Jefferson Circuit Court case number 06-C-341

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