Mingo man says Polaris ATV was defective

By Kyla Asbury | Oct 25, 2012

CHARLESTON -- A Mingo County man is suing Polaris Sales, Inc., after he claims an ATV he purchased was defective.

Keefer’s Quality Vehicle Sales, Inc., was also named as a defendant in the suit.

On June 8, 2011, Theadore P. Pitrowski entered into a purchase contract with the defendants for the purchase of a 2011 Polaris 90 Sportman ATV, according to a complaint filed Sept. 26 in Kanawha Circuit Court.

Pitrowski claims he was told by representatives of Keefer’s that the ATV came with a one year dealer/manufacturer warranty.

After purchasing the ATV, Pitrowski discovered and experienced several non-conformities with the ATV that substantially impaired the use, value and/or safety of the vehicle, according to the suit.

Pitrowski claims he contacted the defendants to request repairs when the vehicle’s engine constantly stalled and the defendants failed to repair the ATV and bring it into conformity with the warranty.

After repeated requests for repairs and denials by the defendants, Pitrowski notified the defendants of his revocation of acceptance of the ATV, but the defendants refused to honor his revocation of acceptance, according to the suit.

Pitrowski claims the defendants breached their warranty.

The defendants owed a duty of care to Pitrowski to perform repairs on the ATV in a good and workmanlike manner within a reasonable time period and failed to do so, according to the suit.

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

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-1941

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