CHARLESTON - A man is suing Bert Wolf Ford Inc. after he claims the vehicle he purchased was defective.

Ford Motor Company was also named as a defendant in the suit.

Cain Garcia purchased a new 2012 Ford Mustang from the defendants for the purchase price of $38,853.90, according to a complaint filed Dec. 3 in Kanawha Circuit Court.

Garcia claims after purchasing the new motor vehicle, he experienced repeated non-conformities with the vehicle which substantially impairs the use and market value of the vehicle and reasonably causes him to fear for his safety when operating the vehicle.

As a direct and proximate result of the defendants' failure to conform the vehicle to the warranties after a reasonable number of attempts, Garcia has been damaged by the loss of use of the vehicle and has further suffered annoyance, inconvenience and incurred costs for alternative transportation, according to the suit.

Garcia is seeking revocation of acceptance and refund of the purchase price of the vehicle; damages for repair costs; and damages for loss of use, annoyance or inconvenience resulting from the non-conformities. He is being represented by Mark L. French of Criswell French Condaras PLLC.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-2243




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