Cedar Grove couple claims Taurus was a lemon

By Chris Dickerson | Jan 3, 2006

CHARLESTON – A Kanawha County couple claims a Taurus they purchased at Turnpike Ford in Marmet is a lemon.

In a lawsuit filed last month in Kanawha Circuit Court, Jeffrey S. and Kathy A. Confere of Cedar Grove say they purchased a 2005 Ford Taurus on Sept. 6, 2005 at Turnpike Ford.

However, they claim the vehicle didn't conform to Ford's express warranties. They also say the defendants – Ford Motor Company and Turnpike Ford – didn't make the necessary repairs to conform the vehicle to these warranties after a reasonable number of attempts. In addition, the couple claims Ford and Turnpike Ford committed willful and/or negligent acts.

In the suit, filed by attorney Kristina Thomas Whiteaker, the Conferes say they have tried to have the Taurus repaired at authorized dealers at least seven times.

The couple says that as a result of the defendants' "unlawful, unfair, unconscionable, deceptive, reckless, willful and negligent actions," they have suffered monetary loss, consequential and incidental damages, compensatory damages, emotional and mental distress, aggravation, anxiety, loss of use, annoyance and inconvenience.

They are suing for violation of the lemon law, breach of express warranties, breach of implied warranty of merchantability, breach of implied warranty of fitness, cancellation of contract by rejection, cancellation of contract by revocation of acceptance, the Magnuson-Moss Warranty Act, unfair and deceptive acts or practices, common law fraud and misrepresentation, common law negligence – negligent repair, breach of duty of good faith and unconscionability.

The Conferes seek to have the contract for the vehicle canceled as well as a declaratory judgment that the defendants violated the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code and/or the Magnuson-Moss Warranty Act.

They also seek a permanent injunction against the defendants ordering them to cease and desist from engaging in such unlawful acts as well as ordering them to establish an ongoing training program for its employees on consumer rights in West Virginia.

Additionally, the couple seeks damages to be determined during a jury trial to fairly compensate them for moneys lost, additional damages for emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience, consequential and incidental damages. They also seek a $200 reward for the defendants violating the West Virginia Consumer Credit and Protection Act, punitive damages, costs including attorney fees, other relief and pre- and post-judgment interest.

The case has been assigned to Circuit Judge Duke Bloom.

Kanawha Circuit Court case number: 05-C-2736

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