HAMLIN -- A Lincoln County man says the new 2011 Ford pickup he purchased was a lemon.
Charles Aliff Jr. says the truck did not conform to manufacturer's express warranties and failed to get necessary repairs after a reasonable number of attempts.
His case was filed June 1 in Lincoln Circuit Court by Charleston attorneys Cameron S. McKinney and David L. Grubb, naming Ford Motor Co. CT Corp. System and Moses Ford, Inc., defendants.
Aliff seeks money damages, declaratory and injunctive relief pursuant to the West Virginia Consumer Credit and Protection Act, Uniform Commercial Code, Magnuson-Moss Warranty Act, and applicable state common law theories of liability. Detailing 14 points of relief, case wants a jury to determine fair and reasonable damages for moneys lost, award additional damages for personal issues such as emotional and mental distress; consequential, incidental and punitive damages; additional statutory penalties, litigation costs, pre-and-post-judgment interest, plus such further and general relief Court deems appropriate.
Moses Ford answered June 29 with request for jury trial to dismiss complaint. Counsel Johnnie E. Brown and Geoffrey A. Collop wrote "that Plaintiff recover nothing ... that this Defendant recover its costs, expenses of suit...and for such other and further relief, whether legal or equitable in character, as to which this Defendant may appear entitled."
The case has been assigned to Circuit Judge Jay M. Hoke.
Lincoln Circuit Court case number: 12-C-62