Lincoln County couple says truck they bought is a lemon

By Chris Dickerson | Jan 18, 2006

CHARLESTON – A Lincoln County couple claims a truck they bought at Moses Ford is a lemon.

Larry G. and Lolita Cooper filed a lawsuit in Kanawha Circuit Court against Ford Motor Company and Moses Ford of St. Albans, saying a 2004 Ford F250 they bought there on March 10, 2004, is defective.

The problems with the truck, they say, substantially impair the use, value and/or safety of the vehicle. In the suit, filed by attorneys David L. Grub and Cameron S. McKinney, the Grubbs say they have returned the vehicle to the dealer to repair and that it has been taken to authorized dealers for repair attempts at least four times.

Still, the truck hasn't been repaired to conform to warranties.

The suit says Moses Ford and Ford Motor Company have been notified of the problem, but they refused to provide a comparable replacement vehicle or to reimburse them for the defective car.

The Coopers say the defendants' actions were willful, wanton and/or carried out with reckless disregard for their rights.

In addition to claiming the defendants are in violation of the Lemon Law, the Coopers say they committed a breach of express warranties, a breach of implied warranty of merchantability and a breach of implied warranty of fitness. They say the defendants also are in violation of the Magnuson-Moss Warranty Act and are guilty of unfair and deceptive acts or practices, common law fraud and misrepresentation, common law negligence – negligent repair, a breach of duty of good faith and unconscionability.

The Coopers seek to have the contract cancelled by rejection, rescission or revocation of acceptance. In addition, they seek a judgment declaring the acts of defendants to be in violation of the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code and the Magnuson-Moss Warranty Act.

The also seek a permanent injunction ordering the defendants to cease and desist from engaging in the unlawful acts described and a permanent injunction ordering them to establish an ongoing training program for its employees on the subject of consumer rights in West Virginia.

Additionally, the Coopers want to be awarded damages to be determined at trial that fairly and reasonably compensate them for money lost as well as additional damages to compensate for emotional and mental stress, loss of use, aggravation, anxiety, annoyance and inconvenience suffered.

The also seek punitive damages to be determined at trial for the defendants' willful, wanton and/or reckless disregard for their legal rights as well as court costs, attorney fees, additional damage, pre- and post-judgment interest and other relief.

They seek a jury trial.

The case has been assigned to Circuit Judge Paul Zakaib.

Kanawha Circuit Court case number: 05-C-2813

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