CHARLESTON -- A man is suing Workhorse Custom Chassis after he claims the company sold him a recreational vehicle that did not conform to the manufacturer's warranties.

On Sept. 3, 2004, Scott Whorton purchased a 2002 Monico Holiday Rambler from the defendant, according to a complaint filed March 12 in Kanawha Circuit Court.

Whorton claims the RV was covered by a manufacturer's express warranty that was to cover any repairs or replacements needed during the warranty period due to defects in factory materials or workmanship.

After purchasing the RV, Whorton claims he discovered and experienced repeated nonconformities that substantially impaired the use, value and/or safety of the vehicle.

As a result, Whorton returned the RV to the defendant for repairs to the anti-lock braking system pursuant to a 2004 recall regarding serious and dangerous defects that could cause brake failure, according to the suit.

Whorton claims he received a second recall notice about the braking system, however, when he contacted Workhorse Custom Chassis to request repair arrangements, he was told he must drive the RV to a facility in Charlottesville, Va., and the local facility refused to arrange for safe transportation of the vehicle to a repair facility.

In the summer of 2009 Whorton claims he experienced brake failure under normal use, resulting in permanent damages to the vehicle's brake rotors.

Whorton claims the defendant failed and refused to provide a comparable replacement vehicle and to reimburse him.

Whorton is seeking revocation of the acceptance of the vehicle, and compensatory and punitive damages. He is being represented by David L. Grubb and Cameron S. McKinney.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-479

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