Man says he bought a lemon at Wetzel County dealership

By Chris Dickerson | Jan 2, 2006

CHARLESTON – A Kanawha County man claims a vehicle he bought in February is a lemon and wants out of the contract.

CHARLESTON – A Kanawha County man claims a vehicle he bought in February is a lemon and wants out of the contract.

In a lawsuit filed in Kanawha Circuit Court, Joseph C. Gacek III says he bought a 2005 Jeep Grand Cherokee from Bill Forbes Chevrolet Inc. in New Martinsville in Wetzel County on Feb. 25, 2005, for personal use.

After he purchased the vehicle, "Plaintiff discovered and experienced repeated nonconformities that substantially impaired the use, value and/or safety of the vehicle," he said in the suit filed Dec. 14 by attorney John W. Barrett.

Gacek says he returned the Jeep to the dealership for repair. In fact, he says he has taken the vehicle to authorized dealers for repair attempts at least four times. But all efforts have been unsuccessful, the suit says.

He says he has notified the defendants – Bill Forbes Chevrolet and DaimlerChrysler Corp. – of the defective conditions of the vehicle. But the manufacturer has refused to provide a comparable replacement vehicle and to reimburse Gacek pursuant to plaintiff's rights under West Virginia law, the suit says.

Gacek claims he has suffered monetary loss as well as incidental, consequential, actual and compensatory damages. In addition, he claims to have suffered severe emotional and mental stress, loss of use, aggravation, anxiety, annoyance and inconvenience.

In the suit, Gacek makes seven claims for relief: Violation of the lemon law, cancellation of contract by rejection, cancellation of contract by revocation of acceptance, breach of express warranties, breach of implied warranty of merchantability, breach of warranty of fitness and unfair and deceptive acts or practices.

He seeks that he contract be canceled and a declaratory judgment saying the acts of the defendants violated the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code and the Magnuson-Moss Warranty Act. He also seeks a permanent injunction against the defendants that they cease and desist in engaging in such acts as well as a permanent injunction for them to establish an ongoing training for employees on consumer rights in West Virginia.

Gacek requests that damages be determined during a jury trial and that those damages fairly and reasonably compensate him for moneys lost. He also seeks damages to compensate for the emotional and mental stress, loss of use, aggravation, anxiety, annoyance and inconvenience as well as consequential and incidental damages.

In addition, he seeks actual damages or $200 – whichever is greater – for the defendants' violating the West Virginia Consumer Credit and Protection Act, costs, attorney fees, additional damages, pre- and post-judgment interests and other relief.

The case has been assigned to Circuit Judge Tod Kaufman.

Kanawha Circuit Court case number: 05-C-2713

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