Man says truck he bought had flood damage

By Melody Dareing | Mar 21, 2014

CHARLESTON -- An unhappy car buyer is suing the used car dealer after the truck he bought had extensive flood damage.

Joshua Pineda Jr. filed a lawsuit Feb. 11 in Kanawha Circuit Court against Scott Hutchison Enterprises Inc., doing business as Express Used Cars citing fraud, breach of warranties, cancellation of contract, breach of contract, unconscionability and unfair or deceptive practices.

The lawsuit states Pineda bought a 2000 Chevrolet Silverado 1500 on April 4, with the dealer stating it was a dependable car. The vehicle was later discovered to have extensive damage, including damage from floodwaters.

Pineda is seeking the contact be cancelled, the court to enter a permanent injunction against the car dealer, compensatory, punitive damages and incidental damages, actual damages of $200, an award of a statutory penalty and court costs.

Pineda is being represented by Cameron S. McKinney of the Grubb Law Group. The case has been assigned to Circuit Judge Paul Zakaib.

Kanawha Circuit Court Case No. 14-C-299

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