Couple says Toyota was defective

By Kyla Asbury | Feb 24, 2011

CHARLESTON -- A Charleston couple is suing Toyota after they claim the vehicle they purchased was defective.

CHARLESTON -- A Charleston couple is suing Toyota after they claim the vehicle they purchased was defective.

Ferrell Automotive Group was also named as a defendant in the suit.

On March 30, 2009, William Davis and Glenna Davis purchased a 2009 Toyota Avalon from the defendants for $33,626.90, according to a complaint filed Feb. 1 in Kanawha Circuit Court.

The couple claims since purchasing the vehicle they have experienced repeated non-conformities and notified the defendants about the defects.

The Davises asked the defendants to replace the faulty transmission with an original transmission. The defendants "confirmed that there were problems with the transmission, but refused to replace the transmission with original goods, and informed the plaintiffs that they would receive a 'remanufactured' transmission," according to the suit.

The couple claims Toyota and Ferrell breached the implied warranty of merchantability and violated the provisions of the Magnuson-Moss Warranty Act.

The defendants also violated the provisions of the West Virginia Consumer Credit and Protection Act, according to the suit.

The couple is seeking revocation of acceptance of the vehicle and compensatory damages for loss of use, annoyance, aggravation and inconvenience. They are being represented by Jonathan R. Mani.

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

Kanawha Circuit Court case number: 11-C-175

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