CHARLESTON -- A Cabin Creek man is suing Hidden Trails ATV for selling him a defective ATV.

Eric Holcolm is doing business as Hidden Trails ATV.

On Dec. 13, 2008, John Kidd purchased a 2003 CanAm Quest 650 ATV from the defendant, according to a complaint filed Oct. 18 in Kanawha Circuit Court.

Kidd claims in August 2009, he experienced mechanical trouble with the ATV and took it to the defendant for servicing.

From August 2009 until May, the ATV required repairs at least 16 times, for which the defendant charged Kidd more than $6,830.05, according to the suit.

Kidd claims on most of the 16 occasions, the defect was not repaired and on at least three occasions, the defendant kept the vehicle for an extended period of time.

The defendant breached its warranty by selling Kidd an ATV which demonstrated significant mechanical failures and defects rendering the ATV unsafe and unsuitable for driving, according to the suit.

Kidd is seeking actual damages. He is being represented by Sarah K. Brown and Daniel F. Hedges.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-1865

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