CHARLESTON -- A Lincoln County man is suing Diamond Used Cars after he claims a vehicle he purchased was designated as salvage.

Gordon Chenoweth, the president of Diamond Used Cars, and WV United Federal Credit Union, were also named as defendants in the suit.

On June 10, 2010, Ricky Frye purchased a 2004 Volkswagen Beetle from Diamond Used Cars, according to a complaint filed Jan. 26 in Kanawha Circuit Court.

Frye claims he was informed by Chenoweth that he had replaced the fender of the vehicle, but that it had no other problems.

However, after the purchase, Frye discovered the vehicle had been totaled and had been designated as salvage., according to the suit.

Frye claims he was then informed by his insurance company that the vehicle was not insurable and not legal to drive.

The defendants had actual knowledge of this information and failed to inform Frye, according to the suit.

Frye claims the defendants breached their warranty and engaged in conduct that creates a likelihood of confusing or misunderstanding in violation of West Virginia code.

Frye is seeking compensatory and punitive damages. He is being represented by Kristina Thomas and David L. Grubb.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-138

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