CHARLESTON – A man is suing Dohm Cycles, Inc., after he claims the utility task vehicle he purchased was defective.
On Sept. 23, 2011, William Dean entered into a purchase contract with Dohm for the purchase of a 2011 Qlink, according to a complaint filed Nov. 9 in Kanawha Circuit Court.
Dean claims Dohm told him it would repair any problems with the UTV pursuant to the warranty and he relied on Dohm’s representations about the nature and extent of the warranty in deciding to purchase the vehicle.
After purchasing the vehicle, Dean discovered and experienced several nonconformities that substantially impaired the use, value and/or safety of the vehicle and returned it to Dohm for various failing parts and engine transmission problems, according to the suit.
Dean claims Dohm has made some repairs to the UTV, but the repairs have been ineffective and have taken months, with no explanation from Dohm, as to why the repairs have taken so long.
After having the UTV for at least two months, Dohm contacted Dean to advise him the UTV was reading for pick-up. However, Dean believes Dohm allowed the condition of the UTV to deteriorate significantly during the time it had the UTV by storing it outside with exposure to the elements, according to the suit.
Dean claims if he had known Dohm would not or could not perform the necessary repairs, he would not have purchased it.
As a result of the defendant’s actions, Dean notified Dohm that he had lost faith in the vehicle, felt unsafe in it and did not want it anymore, according to the suit.
Dean is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Kristina Thomas Whiteaker and David L. Grubb.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 12-C-2241