Kyla Asbury Oct. 30, 2012, 12:20pm
MORGANTOWN -- A man is suing Kia Motors America, Inc., after he claims the vehicle he purchased was defective.
On Jan. 5, 2009, Delmas Westfall II purchased a 2008 Kia Sedona in the amount of $24,018, according to a complaint filed Oct. 1, in Monongalia Circuit Court.
Westfall claims as a result of ineffective repair attempts made by the defendant, the Sedona was not fit for its ordinary purpose of providing trouble-free and reliable transportation.
The vehicle was subject to repair on multiple occasions for the same defect/non-conformity and the defect/non-conformity remains uncorrected, according to the suit.
Westfall claims after a reasonable number of attempts and/or reasonable amount of time to cure the defect/non-conformity, the defendant was unable and/or failed to repair the defect as provided in the warranty.
The vehicle remains defective and in an unmerchantable condition that has caused Westfall financial damage, according to the suit.
Westfall claims Kia breached its contract with him by failing to comply with the warranty.
The non-conformity is not a result of abuse, neglect or unauthorized modifications or alternations of the vehicle and it substantially impairs the use, market value and/or safety of the vehicle, according to the suit.
Westfall is seeking return of all monies paid, satisfaction of all liens and all incidental and consequential damages, as well as replacement of the Sedona with a comparable new motor vehicle. He is being represented by Michael S. Bailey.
Monongalia Circuit Court case number: 12-C-677