CHARLESTON -— A man is suing American Suzuki Motor Corporation and Casto Motorcycle Sales for breach of warranty.
On July 17, 2009, Tony Elswick entered into a purchase contract with Casto for a 2007 Suzuki SV1000 that was accompanied by a manufacturer's express warranty, according to a complaint filed Feb. 16 in Kanawha Circuit Court.
Elswick claims he has had to return the motorcycle to Casto at least four times for repairs and after the last time he notified the defendants of his revocation of acceptance of the goods.
The defendants failed or refused to acknowledge Elswick's revocation of acceptance, according to the suit.
Elswick claims the defendants breached their duty of good faith, by breaching the express and implied warranties, refusing to provide him with a comparable replacement motorcycle, misrepresenting the condition of the motorcycle and repairs and failing to remedy the problems.
Elswick is seeking for the contract to be declared canceled, that the court enter a declaratory judgment against the defendants, that the court enter a permanent injunction against the defendants ordering them to cease and desist from engaging in unlawful acts, that the court enter a permanent injunction against the defendants ordering them to establish an on-going training program for employees and that he be awarded compensatory and punitive damages. He is being represented by David L. Grubb and Cameron S. McKinney of the Grubb Law Group.
The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number: 10-C-276