CHARLESTON -- A Gallia County, Ohio, couple is suing Subaru of America for a defective vehicle they purchased.

River City Subaru, Inc. was also named as a defendant in the suit.

On March 25, 2011, Phyllis Hardy and Everett Hardy Jr. purchased a 2011 Subaru Forester from the defendants, according to a complaint filed March 28 in Kanawha Circuit Court.

The Hardys claim after purchasing the vehicle, the discovered and experienced repeated non-conformities that substantially impaired the use, value and/or safety of the vehicle.

As a result, the Hardys returned the vehicle to the defendants at least six times for repairs, but the defendants failed to fix the vehicle, according to the suit.

The Hardys claim the defendants failed and refused to provide a comparable replacement vehicle and to reimburse them pursuant to their rights under West Virginia law.

The defendants breached their warranties, according to the suit.

The Hardys are seeking compensatory and punitive damages. They are being represented by Kristina Thomas Whiteaker and David L. Grubb.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 12-C-538

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