General Motors, Thornhill Superstore sued over vehicle

CHARLESTON – A couple are suing General Motors, LLC and Thornhill Superstore, Inc., after they claim the vehicle they purchased was defective.

On Oct. 15, 2011, Less Browning and Carol Browning entered into a motor vehicle contract with the defendants for the purchase of 2011 Chevrolet Cruze, according to a complaint filed Jan. 29 in Kanawha Circuit Court.

The Brownings claim at the time of the sale, Thornhill added a substantial charge for a service contract that they did not request and did not desire to purchase.

Upon discovery of the charge, the Brownings requested Thornhill cancel the service contract and provide an appropriate refund, but Thornhill failed to act to cancel the service contract and failed to provide the refund to which the plaintiffs were entitled, according to the suit.

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

After at least four attempts, the defendants failed to repair the vehicle and failed and refused to provide the Brownings with a comparable replacement vehicle and to reimburse them, according to the suit.

The Brownings claim the defendants were negligent and breached the express and implied warranties that came with the vehicle.

The defendants also misrepresented the condition of the vehicle and failed to remedy the problems the vehicle had, according to the suit.

The Brownings 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 Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-184