CHARLESTON -- A Kanawha County man is suing Dohm Cycles after he claims a vehicle he purchased was defective.
On Feb. 22, 2011, Samuel Shinn entered into a purchase contract with the defendant for the purchase of a 2011 Diamo XLT700 SP, according to a complaint filed Jan. 10 in Kanawha Circuit Court.
Shinn claims the defendant told him that it would repair any problems with the vehicle pursuant to the warranty, and he relied upon Dohm's representations about the nature and extend of the warranty in deciding to purchase the vehicle.
After purchasing the vehicle, Shinn discovered and experienced several non-conformities that substantially impaired the use, value and/or safety of the vehicle, according to the suit.
Shinn claims he has taken the vehicle back to Dohm Cycles several times for serious mechanical issues, including oil leaks, battery charging problems, engine repairs and transmission problems.
Despite taking the vehicle to Dohm Cycles for repairs more than four months prior to filing a complaint, Shinn's vehicle has still not been repaired or returned, according to the suit.
Shinn is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Kristina Thomas Whiteaker and David L. Grubb.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 12-C-54