Hoosier

CHARLESTON -- Mercedes-Benz would like to see a Putnam County attorney's complaint against it dismissed and denies her claims of battery problems that would not allow her to start her vehicle.

Michelle Hoosier filed a lawsuit in Kanawha Circuit Court Feb. 17 against Mercedes-Benz.

Hoosier alleges she purchased a 2008 R350 Mercedes-Benz from Smith Company Motor Cars in September 2008. But after purchasing the vehicle, Hoosier had to have it serviced on three or more occasions because of problems with its battery and complications with electronices related to the battery, according to the complaint.

"On at least three occasions Hoosier's R350 would fail to start, or even open, due to the issues with the battery," the suit states. "On at least three occassions Hoosier was locked out of said R350 as a result of the issues with the electronics and/or battery. Hoosier's R350 required towing and servicing for the same issues on at least three occassions within the course of one calandar year."

Hoosier is seeking damages for violation of West Virginia Code, annoyance and aggravation, breach of duty of good faith and fair dealing, costs of repairs, loss of use, and revocation of acceptance and refund of the purchase price of the vehicle.

She seeks an unspecified judgment, plus pre- and post-judgment interest and other costs the court deems just.

Mercedes-Benz says Hoosier should receive no damages and her case should be dismissed, in part because it claims the damages of which Hoosier complains, if any, were caused by an entity other than the car company.

"Defendant expressly denies the existence of any non-conformity/defect existing at the time of the manufacture or sale, which gives rise to an action under the 'Lemon Law' or any other applicable warranty law," the company's response states.

In addition, Hoosier filed suit against Mercedes-Benz before writing to inform it of the car's defects or allowing the company to attempt to fix the car's problems.

"Defendant affirmatively states that there are no noncorfimities present in the vehicle which substantially impair the use or market value of the vehicle, and further states it did not have a reasonable number of attempts to cure any nonconformities allegedly present in the vehicle, and thus the Plaintiff may not avail herself of any remedy provided by the 'Lemon Law' or any warranty or consumer law," the response says.

Mercedes-Benz removed the complaint to U.S. District Court for the Southern District of West Virginia because Hoosier is a resident of a different state than the Alabama-based Mercedes-Benz and seeks more than $75,000.

It wants the court to dismiss Hoosier's complaint with prejudice and to award it fees, costs and other relief the court deems just.

D. Adrian Hoosier II of The Hoosier Law Firm in Hurricane will be representing Hoosier.

Harry F. Bell Jr. and Jonathan W. Price of The Bell Law Firm in Charleston will be representing Mercedes-Benz.

U.S. District Court case number: 2:10-365

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