Oak Hill man says car dealer didn't fix lemon

By Whitney Brakken | Apr 22, 2014

FAYETTEVILLE-- An Oak Hill resident is suing over claims a car dealer failed to fix a vehicle problem during the warranty period.

Claude Hawkins filed a lawsuit April 7 in Fayette Circuit Court against King Coal Chevrolet Co., citing the Magnuson-Moss Warranty Improvement Act.

According to the complaint, Hawkins purchased a used 2007 Jeep Commander with a 30-day/1,000-mile powertrain warranty from King Coal Chevrolet on April 2, 2013.

The plaintiff says, shortly after the purchase, he experienced significant vehicle troubles, including all the lights turning off and the vehicle shutting down. The plaintiff states he took the vehicle back to the defendant for repair on April 2, 2013, and April 5, 2013.

He claims the defendant made an appointment for the vehicle to be repaired at another dealer on April 24, 2013, but at the appointment the personnel stated they could not do anything if the vehicle was not currently experiencing problems, according to the complaint.

The court document states on June 1, all the lights went off and the vehicle shut down again while the plaintiff was driving. The plaintiff says he presented the vehicle to the defendant to repair the conditions that were not previously fixed during the warranty period.

The plaintiff contends the vehicle has not been repaired, the vehicle nonconformities render the vehicle unfit and the vehicle was not delivered substantially free from defects.

Hawkins is seeking an undisclosed amount in damages.

He is being represented in the case by attorney Christina Gill Roseman of Roseman Law Firm PLLC. The case has been assigned to Circuit Judge Paul M. Blake Jr.

Fayette Circuit Court Case No. 14-C-102(B)

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