General Motors hit with two lemon lawsuits in Berkeley

MARTINSBURG - Angry consumers recently filed lawsuits against General Motors in Berkeley Circuit Court, claiming they were sold clunkers.

Two lawsuits were filed Nov. 8 -- one by Dennis Teter and the other by Stephen and Susan Files. Both allege that General Motors violated the state's consumer protection laws.

Teter's lawsuit also names Mid-State Automotive, doing business as Mid-State Chevrolet Oldsmobile Buick, and GMAC.

Teter, of Weston, says he purchased a 2006 Chevy Tahoe on March 6, 2006, for more than $50,000.

Seven months later, he brought the Tahoe back to Mid-State because a defect was causing it to stall while being driven, the suit says. Since then, Teter says Mid-State and General Motors have failed to conform to the express and implied warranties by not fixing the problem.

"The defective condition of the Chevy Tahoe substantially impairs the use or market value of the vehicle and renders the vehicle unsafe to drive," the complaint says.

GMAC, the company that financed the purchase, "is subject to all the claims and defenses asserted by the plaintiff against Mid-State in this civil action," the complaint says.

He seeks revocation of acceptance of the vehicle and a refund of the purchase price, as well as damages for loss of use, annoyance and inconvenience.

Martinsburg attorney Harry Waddell is representing Teter. Judge David Sanders has been assigned the case.

The Files, meanwhile, say they purchased a 2005 Pontiac Montana van Jan. 28, 2005, at Opequon Motors in Martinsburg. However, they say the van has been repaired at least three times for noises in the steering.

"The plaintiffs continued to complain to Opequon Motors, the agent of Defendant General Motors, but the defendant failed to conform the vehicle to its original warranty," the complaint says.

Also, the door handle has been repaired because it would not stay in place, the suit says.

Other problems the Files say they encountered were cupped tires, noisy and pulsating brakes, noisy left wheel and shimmying at high speeds.

When Opequon Motors determined the van needed a new drive shaft or link, the Files retained counsel and offered one last opportunity to fix the car, the suit says. However, Opequon would not fix it and "refused to work on the van while it remained under warranty," the complaint says.

After agreeing on a repurchase price of more than $29,000, the plaintiffs say GM has not yet repurchased the van. They seek revocation of acceptance, a refund of the purchase price and damages for the cost of repairs, loss of use, annoyance or inconvenience and replacement transportation.

Martinsburg attorney Amanda Lewis is representing the Files.

Judge Christopher Wilkes has been assigned the case.

Berkeley Circuit Court case numbers 06-C-812 and 815