CHARLESTON – A Mingo County couple claims a vehicle they bought at C&O Motors in St. Albans is a lemon.
Mark C. Cline and Paula K. Cline of Gilbert filed a lawsuit in Kanawha Circuit Court against General Motors Corporation.
In the suit, filed by Princeton attorney Kathryn Reed Bayless, the Clines say the purchased a 2003 Chevrolet Tahoe LS 4x4 from C&O Motors on May 10, 2003. They paid $46,342 for the vehicle plus taxes, fees, licenses, etc.
After buying the vehicle, the Clines say they saw non-conformities, especially problems starting the vehicle. In the suit, they say the vehicle sometimes won't start at all. Other times, it makes a loud grinding noise when trying to start it.
The Clines say they have taken the Tahoe to dealers at least five times to try to fix the starting problem.
Additionally, they say there is a "miss" in the engine and that it accelerates sluggishly. Also, the fuel pump has been replaced more than once and the four-wheel drive light has come on numerous times when service isn't needed. And the ATC module has been reprogrammed.
The Clines seek to have the purchase contract revoked and a refund of the purchase price plus taxes, fees, licenses, etc. They also request repayment of payments they've made on the vehicle's principal and interest and expenses to buy a new motor vehicle.
They also seek damages to pay for the costs of repairs they've made on the Tahoe and for loss of use, annoyance and inconvenience, including replacement transportation when the vehicle was out of service.
The also want attorney fees, court costs and other relief. They request a jury trial.
The case has been assigned to Circuit Judge Irene Berger.
Kanawha Circuit Court case number: 05-C-2903