BECKLEY - A case in which a Glen Daniel man filed suit against Audi, claiming his vehicle was not repaired despite a manufacturer's warranty, has been moved to federal court.
Hubert Adkins claims his 2006 Audi A3 had significant problems including three road breakdowns because of overheating, according to the complaint he filed Sept. 10 in Wyoming Circuit Court.
When his vehicle breaks down, its temperature gauges go over, Adkins can smell a burning odor and the cooling system will not cool but will only blow hot air, the suit states.
In addition, the car has problems with its front-end integrity and is likely to cause serious bodily injury if driven, according to the complaint.
Adkins claims he brought the Audi, which he purchased from Bert Wolfe Ford-Porsche-Audi, Inc., on June 5, 2007, in for repairs three times, but the vehicle still remains out of conformity.
When he purchased the vehicle for $27,536.84, Adkins obtained a warranty good for four years or 50,000 miles, the suit states.
"That the express warranty given on this vehicle has failed of its essential purpose in that it has not resulted in the repair of the vehicle," the suit states.
Adkins claims Audi is in breach of the express and implied warranties.
Adkins is seeking either a declaration of proper revocation of acceptance or a declaration of proper revocation of the subject vehicle.
In the alternative of one of the declarations, Adkins is seeking damages including a refund of the purchase price of the Audi and all out-of-pocket expenses including payments made and the value of the trade-in.
In addition, he is seeking annoyance and inconvenience damages of $20,000, costs and attorney's fees of $20,000 and other relief the court deems appropriate.
The case has been removed to U.S. Federal Court because the amount in question exceeds $75,000.
David G. Thompson of Pineville will be representing Adkins.
Harry F. Bell Jr. and William L. Bands of Bell & Bands in Charleston will be representing Audi.
U.S. District Court case number: 5:08-1197
