CHARLESTON – A Kanawha County couple say a Ford F350 they bought in 2004 is a lemon.
Jeremy S. and Laura M. Starks filed the lawsuit against Ford Motor Company Jan. 18 in Kanawha Circuit Court.
In the suit, the Starks say they bought a new 2004 Ford F350 at Bert Wolfe Ford on June 4, 2004, for $36,456.86 plus taxes, license and registration fees and other costs.
The vehicle then experienced repeated non-conformities that substantially impaired the use and market value of the vehicle and reasonably caused the plaintiffs to fear for their safety when operating the vehicle. Those problems with the truck, they claim, continue to this day.
The suit, filed by attorney Michael L. Glasser of Meyer & Ford, says that after a reasonable number of attempts, Ford did not conform the new motor vehicle to the warranty nor replace it with a comparable new vehicle.
The Starks say they have been damaged by loss of use of the vehicle and have further suffered annoyance, inconvenience and incurred expenses for alternative transportation.
They seek revocation of acceptance of the vehicle and a refund of the purchase price including but not limited to sales tax, license and registration and other reasonable expenses incurred for the purchase of the new motor vehicle with interest.
They also seek damages for the costs of repairs reasonably required to conform the vehicle to the express warranty and other incidental expenses as well as damages for the loss of use, annoyance and inconvenience including replacement transportation during the period when the vehicle was out of service.
They request a jury trial.
The case has been assigned to Circuit Judge Charlie King.
Kanawha Circuit Court case number: 06-C-76