Man blames Dohm Cycles for allegedly unsafe, defective UTV

By Kyla Asbury | Dec 6, 2012

CHARLESTON – A man is suing Dohm Cycles, Inc., after he claims the vehicle he purchased was defective.

Qlink Motors and West Virginia United F.C.U. were also named as defendants in the suit.

On April 4, 2011, Junior W. Elswick purchased a 2011 Qlink from the defendants, according to a complaint filed Nov. 28 in Kanawha Circuit Court.

Elswick claims he has made all payments on the vehicle and was told when he purchased it that the vehicle had a one-year dealer/manufacturer warranty, but the defendants did not provide him with warranty documents.

Representatives of the defendants also told Elswick they would repair any problems with the vehicle pursuant to the warranty, according to the suit, and Elswick relied upon those representations about the nature and extend of the warranty in deciding to purchase the vehicle.

Elswick claims after he purchased the vehicle he discovered and experienced several nonconformities that substantially impaired the use, value and/or safety of the vehicle.

The UTV has been returned to Dohm Cycles on several occasions and Dohm has made some repairs, but the repairs have taken many weeks, during which time Dohm employees told Elswick that it was difficult to get replacement parts to repair the UTV, according to the suit.

Elswick claims even after repairs were performed, he continued to have problems with the UTV and the UTV has been out of service for the majority of the time since he purchased it.

As a result of the defendants’ actions, Elswick has notified the defendants that he has lost faith in the vehicle, felt unsafe in it and did not want it anymore, according to the suit. However, the defendants have failed and refused to provide him with a comparable replacement vehicle and/or to reimburse him pursuant to his rights under West Virginia law, the suit says.

Elswick 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 Carrie Webster.

Kanawha Circuit Court case number: 12-C-2359

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