Couple says Ford Escape they bought was a lemon

By Annie Cosby | Oct 20, 2014

WINFIELD – A Putnam County couple is suing over claims they bought a faulty vehicle.

Bobby L. and Donna M. Bumgardner filed a lawsuit Sept. 26 in Putnam Circuit Court against Ford Motor Company, citing the West Virginia Consumer Credit and Protection Act.

According to the complaint, the Bumgardners purchased a Ford Escape on Oct. 9, 2012, and as early as December, the manufacturer began recalling the vehicle to fix defects related to engine overheating and other problems. The complaint states the attempts not only deprived the plaintiffs of the use of the vehicle, but they failed to repair the vehicle so as to bring it into conformity with the express warranties.

The defendant is accused of violating the Lemon Law, breach of express warranties, breach of implied warranty of fitness, violating the Magnuson-Moss Warranty Act, Unfair and Deceptive Acts or Practices, strict product liability, common law fraud and misrepresentation, common law negligence - negligent repair, breach of duty of good faith and unconscionability. The complaint also states the plaintiffs request cancellation of contract by rejection and cancellation of contract by revocation of acceptance.

The Bumgardners are seeking judgment that the contract is cancelled, a permanent injunction against the defendant saying its acts were unlawful, damages and attorneys' fees.

They are being represented in the case by attorneys Shawn R. Romano and Miles B. Berger of Romano and Associates PLLC in Charleston. The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number: 14-C-255

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