WINFIELD -- A prominent southern West Virginia auto dealer has filed suit against Burdette Camping Center, alleging the company failed to reveal his camper's many defects before he bought it.
Wally Thornhill bought a 2007 Georgetown, Forest River Recreational Vehicle from Burdette for $87,777, according to the complaint filed Sept. 8 in Putnam Circuit Court.
The contract represented the vehicle as a 2007, but it was actually a 2006 model, the suit states.
Thornhill, president of Thornhill GM Superstore and Thornhill Ford in Chapmanville, claims Burdette told him the camper had undergone a thorough inspection and was in excellent condition.
But there were multiple things wrong with it, including a windshield wiper motor malfunction, front windows not locking properly, generator malfunctioning and burning oil, air conditioner not cooling and tripping the breaker, fresh water tank leaking, problems with the gas line and satellite television not maintaining a signal, according to the complaint.
Other problems include electrical problems with lights, batteries not charging and maintaining charge, luggage door hinges rusting prematurely, water pump going out, interior door latches not functioning properly, refrigerator not working properly, roof antenna loose and rattling, leveling jacks malfunction, windshield leaks and the toilet will not flush, the suit states.
Thornhill claims Burdette misrepresented the condition of the vehicle at the time of the sale, refused to remedy any problems, charged an unconscionable price for the camper when it was sold and committed a series of unfair or deceptive acts.
Thornhill has suffered monetary loss and loss of use, annoyance, inconvenience and aggravation, according to the complaint.
He is seeking his contract be declared canceled and a declaratory judgment declaring Burdette's actions to be in violation of the West Virginia Consumer Credit and Protection Act.
Thornhill is also seeking unspecified consequential, compensatory and incidental damages and actual damages of at least $200 for each violation of the West Virginia Consumer Credit and Protection Act.
In addition, he is seeking attorney fees, costs and pre- and post-judgment interest.
Johnnie E. Brown and Bryan N. Price of Pullin, Fowler, Flanagan, Brown & Poe in Charleston will be representing him.
Putnam Circuit Court case number: 08-C-301