Woman says used car not fixed
John O'Brien Dec. 6, 2006, 8:32am
CHARLESTON - A Kanawha County woman claims that the used car she bought had not been repaired from a wreck that occurred prior to the purchase.
Caitrin McGillicuddy filed a lawsuit Nov. 28 in Kanawha Circuit Court against Ramey Motors of Hurricane, claiming the dealership committed "unlawful, unfair, unconscionable, deceptive, reckless, willful and negligent" acts.
McGillicuddy says she purchased a 2001 Ford Mustang on Nov. 29, 2004 for a little more than $10,000 but was subsequently involved in a collision that required repairs be made to it.
The complaint says the mechanic to which she took the car informed her that damages from a previous wreck had not been fixed. When she called Ramey Motors to tell them, she rejected and/or revoked acceptance of the vehicle, it adds.
She charges the defendants with fraud, constructive fraud, innocent misrepresentation and/or negligent misrepresentation, common law fraud misrepresentation, unfair and deceptive acts or practices, breach of express warranties, breach of duty of good faith, unconscionability, negligence, violation of the Magnuson-Moss Warranty Act, breach of implied warranty of merchantability and breach of implied warranty of fitness.
Charleston attorney Michael Glasser is representing McGillicuddy, who asks for a permanent injunction against Ramey Motors ordering it to establish an ongoing training program for its employees on the subject of consumer rights in West Virginia.
She also seeks actual damages or $2000 for violations of the West Virginia Credit and Consumer Protection Act, penalties pursuant to the odometer act and punitive damages.
Compensation for emotional distress, loss of use, aggravation, anxiety, annoyance and inconvenience are also sought.
Judge James Stucky has been assigned the case.
Kanawha Circuit Court case number 06-C-2555