Couple invokes lemon law in Chevy purchase

By Carol Ostrow | Jun 19, 2015

PINEVILLE — A Wyoming County couple is suing General Motors, demanding a refund for a vehicle that allegedly demonstrated atypical noises, smells, leaks and malfunctions.

Christopher Morgan and Heather Morgan of Simon filed a lawsuit June 5 in Wyoming Circuit Court against General Motors regarding the purchase of their 2012 Chevrolet Equinox.

According to the complaint, on Aug. 18, 2014, the plaintiffs bought the vehicle from Thornhill Superstore in Chapmanville for a price of $27,350. The suit says the Morgans returned the vehicle to the dealer Sept. 2, 2014, and several dates thereafter due to engine anomalies, leaking, odors and noises.

The suit states that on March 17, 2015, the plaintiffs notified the dealership that the engine blew up. The vehicle was towed to Thornhill and remains stored there, the suit says.

The suit alleges continuing performance issues, multiple major repairs and loss of use. The Morgans says their vehicle’s nonconformities represent the likelihood of bodily injury if driven and that the manufacturer failed to correct its alleged defects. The plaintiffs, invoking the Consumer Protection/New Motor Vehicle Warranties Act of West Virginia, revoke acceptance of the vehicle via the lawsuit.

The Morgans seek a refund of the purchase price including taxes, fees and expenses, or alternatively, damages for loss of use, annoyance and inconvenience, interest, attorney fees and costs. They are represented by attorney David Thompson of Thompson Law Office in Pineville. The case has been assigned to Circuit Judge Warren R. McGraw.

Wyoming Circuit Court case number 15-C-114

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