Two men sue three companies for problems with vehicle

By Kyla Asbury | Jan 5, 2010

CHARLESTON -- Two men are suing American Suzuki Motor Corporation, Wells Fargo Auto Finance and a car dealership for fraud and misrepresentation, among other claims.

On Jan. 28, 2008, Ted and Willie Piotrowski entered into a motor vehicle purchase contract with American Suzuki Motor Corporation, Wells Fargo Auto Finance and Logan Chrysler-Dodge-Jeep-Suzuki for the purchase of a 2008 Suzuki Forenza, according to a complaint filed Dec. 8 in Kanawha Circuit Court.

The plaintiffs claim they were only interested in the vehicle because it was advertised at no money down and only $99 per month, but after they agreed to submit a credit application and attempt to purchase the vehicle they were not offered the advertised credit terms. They claim they were told the terms were not available and were "just a promotional gimmick."

According to the suit, the defendants failed to notify them in writing about any adverse action taken on their credit application and failed to notify them in writing about any denial or rejection of their request for the no money down and $99 per month terms.

The plaintiffs claim after purchasing the vehicle the discovered and experiences repeated nonconformities that impaired the vehicles use, value and safety, so they returned it to the dealership for repairs at least four times.

Ted and Willie Piotrowski are suing for common fraud and misrepresentation, violation of Lemon Law, breach of express warranties, breach of implied warranty of merchantability, breach of implied warranty of fitness, cancellation of contract by rejection, cancellation of contract by revocation of acceptance, unfair and deceptive acts or practices, breach of duty of good faith, unconscionability and negligence.

The plaintiffs are seeking compensatory and punitive damages, as well as for their contract to be canceled. They are being represented by Cameron S. McKinney and David L. Grubb of the Grubb Law Group.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 09-C-2247

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