Man accuses auto dealer of fraud, deception

By Carol Ostrow | Apr 16, 2015

RIPLEY — A Jackson County consumer filed suit against a local auto dealership for alleged negligent misrepresentation and related claims in a car purchase from 2014.


RIPLEY — A Jackson County consumer filed suit against a local auto dealership for alleged negligent misrepresentation and related claims in a car purchase from 2014.

Kyler Scarberry brought a lawsuit against Randolph Pre-Owned Auto Sales LLC and Brian Randolph on March 18 in Jackson Circuit Court, claiming infringement of the West Virginia Consumer Credit and Protection Act and other state laws in an October 2014 purchase.

According to papers filed, Scarberry bought a used motor vehicle from the defendant on or about Oct. 16, 2014. The plaintiff contends that Randolph misrepresented the condition of the vehicle, a 2004 Chevrolet Silverado, and refused to make repairs when requested.

Shortly after the purchase, according to the complaint, the vehicle blew white smoke and developed engine problems. The suit also contends that the defendant refused to release a standard Carfax report to the plaintiff and rigged the odometer to misrepresent actual mileage.

Alleging breach of duty, good faith, contract and warranty, monetary loss, distress, aggravation and inconvenience, the plaintiff seeks injunctive relief, cancellation of contract, compensatory damages, actual damages or $200 per infringement, pre- and post-judgment interest, attorneys’ fees and costs.

Randolph is represented by Kristina Thomas Whiteaker and David Grubb of The Grubb Law Group in Charleston.

Jackson Circuit Court case number: 15-C-40

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