Kanawha man says Hummer was a dud

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

On Jan. 24, 2009, William Martin purchased a new 2009 Hummer H3 from the defendant for the purchase price of $40,000, according to a complaint filed Sept. 18 in Kanawha Circuit Court.

Martin claims after purchasing the vehicle, he experienced repeated non-conformities with the vehicle that 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 manufacture did not conform the vehicle to the warranty, nor did it replace the vehicle with a comparable new one that did conform to the warranties, according to the suit.

Martin claims as a result of the defendant’s failure to conform the vehicle to the warranties after a reasonable number of attempts, he was damaged by the loss of use of the vehicle.

The defendant’s failure also caused Martin to suffered annoyance and inconvenience, according to the suit, and has caused him to incur expenses for alternative transportation.

Martin is seeking revocation of acceptance and refund of the purchase price of the vehicle; repair costs; and damages for loss of use, annoyance or inconvenience. 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-1896