Lincoln man says Dodge was a dud
Harmon Marks May. 16, 2012, 2:41am
HAMLIN -- A Lincoln County man says a Dodge Ram truck he bought was a lemon.
Grover Dalton cites a breach of written warranty by Chrysler Group LLC concerning his January 2008 purchase of a Dodge Ram truck from Stephens Auto Center of Danville.
Dalton's complaint was filed April 26 by Barboursville attorney Michael S. Bailey in Lincoln Circuit Court. Noted was a total purchase price of some $21,700 for the truck, which Dalton claims "was not fit for its ordinary purpose of providing trouble free and reliable transportation" after ineffective repair attempts.
He got a Manufacturer's written warranty for three year, or 36,000-mile "bumper to bumper coverage ..." Dalton claims the same defects and nonconformities remain uncorrected after being subject to repair on multiple occasions, pursuant to the Magnuson-Moss Warranty Act.
Among numerous defects/nonconformities, he lists "broken parking brake handle and loose seat bottom ... steering/suspension system ... inoperative second gear, inoperative third gear, transmission not going into first gear and transmission coming out of gear while driving ... engine misfiring and engine cutting out...inoperative emergency brake ..."
Suit also cites breach of West Virginia's "Lemon Law," contending use, market value and safety of vehicle are substantially impaired. Dalton seeks jury judgment for diminution in value of the vehicle and incurred and/or needed costs of repair, and all incidental and consequential damages incurred, reasonable litigation expenses and such other and further relief deemed just and appropriate.
Subsequent to the Lemon Law, suit prays for judgment against manufacturer for return of all monies paid, satisfaction of all liens, and all incidental and consequential damages incurred; replacement of his Ram with comparable new vehicle, litigation costs, plus such other just and appropriate relief.
No trial date before Judge Jay M. Hoke is noted.
Lincoln Circuit Court case number: 12-C-48