WEST VIRGINIA RECORD

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

On Feb. 23, 2011, Travis Crowder purchased a 2011 Diamo XLT500 from the defendant, according to a complaint filed Nov. 29 in Kanawha Circuit Court.

Crowder claims he was told by representatives of the defendant that the vehicle came with a one-year dealer/manufacturer warranty, but he was not provided with any warranty documents.

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

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

The UTV was returned to Dohm Cycles several times for various failing parts and engine and transmission problems, according to the suit. However, while Dohm has made some repairs to the vehicle, the repairs have taken many months, the suit says.

Crowder claims the vehicle has been in Dohm’s shop for repairs more than 240 days since he purchased it and despite the repairs, the UTC continues to have serious mechanical problems.

The defendant’s actions were willful, wanton and/or carried out with reckless disregard for Crowder’s rights, according to the suit.

Crowder 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-2366