CHARLESTON -- A Cabell County man is suing Premier Preowned, LLC after he claims the vehicle he purchased as defective.

On Dec. 16, 2011, Nicholas D. Smith purchased a 2002 Subaru Impreza from the defendant, according to a complaint filed July 3 in Kanawha Circuit Court.

Smith claims the defendant assured him that the vehicle was a dependable car, represented that it had no prior history of problems or damage and that it had undergone a thorough pre-sale inspection and reconditioning.

The defendant failed and/or omitted to inform Smith that the vehicle had a history of prior problems and was not in good mechanical condition at the time of sale, according to the suit.

Smith claims after he discovered and experienced repeated non-conformities with the vehicle, he returned it for repairs, but the defendant refused to provide repairs to the vehicle.

After the defendant refused to honor the vehicle's warranties, Smith notified the defendant of his revocation of acceptance and demanded to return the vehicle for a refund, but the defendant also refused to comply with the request.

Smith is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Cameron S. McKinney and David L. Grubb.

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

Kanawha Circuit Court case number: 12-C-1228

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