CHARLESTON -- A Lincoln County man is suing Toyota Motor Sales after he claims it failed to conform his truck to its warranty.

On Sept. 11, 2008, Terry Cummings purchased a new 2009 Toyota Tacoma from Bert Wolfe Ford Toyota for $26,965, according to a complaint filed Aug. 16 in Kanawha Circuit Court.

Cummings claims after purchasing the vehicle, he experienced repeated non-conformities with the vehicle and that after a reasonable number of attempts, the manufacturer did not conform the vehicle to the warranty nor replace the vehicle with a comparable new motor vehicle
which did conform to the warranties.

As a result of defendant's failure to conform the vehicle to the warranties after a reasonable number of attempts, Cummings was damaged by the loss of use of the vehicle; has suffered annoyance and inconvenience; and has incurred expenses for alternative transportation, according to the suit.

Cummings is seeking revocation of acceptance and refund of the purchase price of the vehicle, including sales tax, license and registration and other reasonable expenses; damages for repair costs; and damages for loss of use and annoyance or inconvenience. He is being represented by Michael L. Glasser.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-1471

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