CHARLESTON -- A Kanawha County couple is suing Kanawha Home Hardware for a defective lawn mower they purchased.
The Toro Company was also named as a defendant in the suit.
On April 4, 2011, J. David Stone and Malinda L. Stone purchased a new Toro 22-inch Recycler Lawn Mower for the sum of $389.80 from the defendants, according to a complaint filed April 4 in Kanawha Circuit Court.
The Stones claim after purchasing the lawn mower, the discovered and experienced non-conformities that substantially impaired the use, value and/or safety of the lawn mower, including the failure of the lawn mower to either start or start easily as the manufacturer had expressly warranted.
As a result, David Stone returned the lawn mower to the defendants for repair on Dec. 19, 2011, and the defendants allegedly repaired the lawn mower, but charged the Stones $30 and refused to repair the mower under warranty, misrepresenting that there had been water in the gasoline used in the engine of the law mower, according to the suit.
The Stones claim on March 14 the lawn mower would not start again and they requested the return of the lawn mower at the purchase price, but the defendants refused.
The defendant's actions were willful, wanton and/or carried out with reckless disregard for the rights of the Stones, according to the suit.
The Stones are seeking compensatory and punitive damages. They are being represented by Thomas H. Vanderford IV.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 12-C-595