MARTINSBURG -– Two Weston residents have filed suit against General Motors and Bob Trickett Pontiac-Cadillac-Buick-GMC, alleging their new vehicle has a defect that still has not been fixed.
Dennis E. and Wilma S. Teter bought a General Motors 2008 Sierra Denali 1500 AWD Crew Cab for $51,575.04 on April 22, according to the complaint filed Dec. 8 in Berkeley Circuit Court.
"The Retail Installment Sale Contract for the GMC Sierra Denali was assigned by Bob Trickett to GMAC," the suit states.
On Aug. 19, after feeling vibration in the transmission, the Teters reported the problem to Kelley Motors in Elkins, they claim.
Again on Oct. 15, the Teters reported to Bob Trickett a defect in their Denali that was causing jerking, vibration and clanging in the transmission when they shifted, according to the complaint.
Twice, they took the truck in for repairs – once on Oct. 17 to Kelley Motors and once on Nov. 7 to Bob Trickett, the suit states.
The Teters claim they also reported the problems to General Motors during the term of their expressed warranty.
"The defendants have failed to conform plaintiff's GMC Sierra Denali to the express and implied warranties by repairing the defective condition of the vehicle after being provided a reasonable number of attempts to do so," the suit states.
In addition, GMC has refused to replace the Danali with a comparable new vehicle that does conform to warranties, according to the complaint.
The Teters claim Bob Trickett breached his implied warranty of merchantability and the retail installment sale contract by the defective condition of the Denali and its failure to repair.
The Teters are seeking a revocation of acceptance of the vehicle and a refund of the purchase price, unspecified damages for loss of use, annoyance or inconvenience resulting from the nonconformity. rescission of the sales contract and incidental damages and cancellation of any outstanding debt obligation arising under the retail installment sale contract and return of all payment previously made to GMAC.
They are also seeking attorney's fees, costs, an injunction prohibiting the defendants from impairing the Teters' credit by making an adverse report to a credit reporting agency and an injunction requiring the defendants to correct and repair any damage to the Teters' credit.
Berkeley Circuit Court case number: 08-C-1400