Couple says Nissan they bought was a lemon
Kyla Asbury Aug. 13, 2012, 5:36am
CHARLESTON -- A Kanawha County couple is suing Nissan North America, Inc. after they claim the vehicle they purchased was defective.
On June 9, 2010, Steven McGowan and Judith McGowan purchased a new 2010 Nissan Murano from the defendant in an amount less than $40,000, according to a complaint filed July 27 in Kanawha Circuit Court.
The McGowans claim when they discovered the defects with the vehicle, they returned it to Nissan for repairs on at least eight occasions, but the defendant failed to fix the vehicle's defects.
Nissan refused to replace the vehicle with one of equal value and that conforms to the express warranties as required by West Virginia Code, according to the suit.
The McGowans claim the drive-train, the transfer case and front axles were defective on the vehicle which caused the vehicle to remain out of service for significant periods by reason of repair.
The non-conformities with the vehicle resulted in substantial impairment to the use or market value of the vehicle, according to the suit.
The McGowans are seeking compensatory damages. They are being represented by Steven P. McGowan.
The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 12-C-1503