Charleston attorney sues Mercedes-Benz for breach of contract

By Kyla Asbury | Mar 8, 2010

CHARLESTON -- A Charleston attorney is suing Mercedes-Benz U.S. International for breach of contract and violations of West Virginia Code.

In September 2008, Michelle Hoosier purchased a 2008 R350 Mercedes-Benz from Smith Company Motor Cars, according to a complaint filed Feb. 17 in Kanawha Circuit Court.

Hoosier claims the vehicle required services on three or more occasions for problems with the battery and/or complications with electronics related to the battery.

After a reasonable number of attempts, Mercedes did not conform the vehicle to the warranty nor replace the vehicle with a comparable vehicle that did conform to the warranties, according to the suit.

Hoosier claims her vehicle required towing and servicing for the same issues on at least three occasions within one year.

Hoosier is seeking damages for violations of West Virginia Code, annoyance and aggravation, breach of duty of good faith and fair dealing, cost of repairs, loss of use and revocation of acceptance and refund of the purchase price. She is being represented by D. Adrian Hoosier II.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-294

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