Family says ATV was defective

by Annie Cosby |
Sep. 2, 2014, 10:56am

PINEVILLE – A Wyoming County family is suing over claims they were sold a faulty 4x4 vehicle.

Alvin J. and Alvin L. Cook filed a lawsuit Aug. 12 in Wyoming Circuit Court against Ashworths Inc., doing business as United Cycle, and Kawasaki Motors Corp. USA, citing breach of contract.

According to the complaint, the Cooks purchased a 2012 Kawasaki Teryx Sport 4x4 from United Cycle in Beckley on March 17, 2012, and an extended warranty which the salesperson falsely promised they would cover any problems. The complaint states United Cycle falsely held the Teryx out to be one of the best, most reliable vehicle of its kind on the market, but the Cooks reported problems including brake failure, broken lights and indicators.

The Cooks also say the transmission in the vehicle broke after purchase, and Kawasaki refused to fix it under the extended warranty plan.

The defendants are accused of breach of contract, breach of duties, breach of fiduciary duties, breach of good faith and fair dealing covenant, conspiracy, consumer protection violations, embezzlement, false pretense, falsifying accounts, fraud, fraud and deceit to induce, fraudulent conversion, fraudulent conveyance, grand larceny, gross fraud, intentional misrepresentation, negligence, negligent supervision and representations, negligence misrepresentation, obtain property pursuant to fraudulent scheme, outrageous conduct, publication of false advertisements, unconscionability, unjust enrichment and sale of a lemon motor vehicle.

The Cooks are seeking compensatory damages, punitive damages and costs.

They are being represented in the case by attorney J.C. Powell of Powell and Majestro in Charleston. The case has been assigned to Circuit Judge Warren R. McGraw.

Wyoming Circuit Court Case No. 14-C-131

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