CHARLESTON -- A Kanawha County man is suing General Motors for breach of warranty after he claims the vehicle he purchased was defective.

On May 28, 2011, Donald Kinder purchased a 2009 GMC Sierra in the amount of $22,400, according to a complaint filed May 15 in Kanawha Circuit Court.

Kinder claims after purchasing the vehicle, he experienced repeated non-conformities with the vehicle which substantially impaired the use and market value of the vehicle and reasonably caused him to fear for his safety when operating the vehicle.

After a reasonable number of attempts, the manufacturer did not conform the vehicle to its warranty nor replace the vehicle with a comparable vehicle that did conform to the warranty, according to the suit.

Kinder claims the defendant's failure to conform the vehicle to its warranty caused him annoyance and inconvenience and forced him to incur expenses for alternative transportation.

The defendant's actions also violated West Virginia Code and West Virginia's Lemon Law, according to the suit.

Kinder is seeking revocation of acceptance and refund of the purchase price of the vehicle and compensatory damages. He is being represented by Michael L. Glasser.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-899

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