Couple sues GM for allegedly defective vehicle

By Kyla Asbury | Dec 21, 2012

CHARLESTON – A couple is suing General Motors, LLC, for a vehicle they purchased that they claim is defective.

On Dec. 21, 2009, Try Painter and Timi M. Painter entered into a motor vehicle purchase contract for the purchase of a 2009 Saturn, according to a complaint filed Dec. 13 in Kanawha Circuit Court.

The Painters claim after purchasing the vehicle, they discovered and experienced repeated non-conformities that substantially impaired the use, value and/or safety of the vehicle.

As a result of the defects, the Painters returned the vehicle to the defendant on at least five occasions for repairs, but the defendant failed to bring the vehicle into conformity with its warranties, according to the suit.

The Painters claim the defendant failed and refused to provide them with a comparable replacement vehicle and to reimburse them pursuant to their rights under West Virginia law.

General Motors breached the vehicle’s express and/or implied warranties and failed to provide promised benefits, including warranty repairs, according to the suit, and failed to adequately and properly inform the plaintiffs about their rights and remedies with respect to the purchase of the vehicle and/or misrepresented the rights and remedies.

The Painters are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by David L. Grubb and Cameron S. McKinney.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 12-C-2443

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