WINFIELD - A man and woman who bought a 2005 Toyota Corolla together say they discovered it had previously been in a collision and that information wasn't given to them prior to the purchase.
Walt Darlak and Rebecca Barber filed a lawsuit May 8 in Putnam Circuit Court against Saturn of Charleston-Huntington, claiming Saturn sold them a vehicle that was not in the condition implied at the time of sale.
Cameron S. McKinney of Charleston law firm The Grubb Law Group is representing the plaintiffs, who are seeking compensatory and punitive damages.
"Defendant failed to disclose or concealed the fact that the subject vehicle had a history of prior problems and/or damage," the complaint says. "As a result of Defendant's fraudulent conduct, Plaintiffs suffered damages including, but not limited to, monetary loss, consequential and incidental damages, compensatory damages, emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience."
The complaint alleges that the plaintiffs entered into a contract Sept. 2, 2005, to purchase the vehicle and was told it was in "excellent" condition.
"After purchasing the subject vehicle, Plaintiffs discovered and experienced repeated defects that substantially impaired the use, value and/or safety of the vehicle, including, but not limited to, peeling paint and other auto body defects," the complaint says.
It adds that the Toyota dealership the plaintiffs took the car to said the warranty covering the vehicle was void because the vehicle had suffered extensive collision damages.
When the plaintiffs informed Saturn of this and that they wished to cancel the sale, they say they were told to "get a lawyer."
Judge Ed Eagloski has been assigned the case.
Putnam Circuit Court case number 06-C-143