RIPLEY — A Kanawha County couple is suing a tractor dealer, alleging breach of implied and express warranties in selling a defective vehicle.
James G. Gibbons and Catherine Ann Gibbons filed a complaint April 16 in Jackson Circuit Court against Jackson County ATV LLC, alleging violation of the Magnuson-Moss Warranty Act.
According to the complaint, on Aug. 6, 2016, the Gibbonses purchased a 2014 Polaris Ranger Mid tractor from Jackson County ATV for $13,822.83. After purchase, the suit says, the plaintiffs experienced non-conformities with the Polaris tractor, which substantially impaired its use, value and safety. To date, the Gibbonses allege the tractor remains unfit for its intended use.
The plaintiffs allege Jackson County ATV intentionally sold a tractor that was un-merchantable and unfit for its intended use. The suit says despite sufficient opportunity to repair or replace the tractor, the defendant has failed to do so.
The Gibbonses seek trial by jury, compensatory and punitive damages, attorney fees, court costs and all other just and proper relief. They are represented by attorney Mark A. Atkinson of Atkinson & Polak PLLC in Charleston.
Jackson Circuit Court case number 18-c-33
