CHARLESTON - A man is suing General Motors LLC after he claims the vehicle he purchased was defective.
Thornhill Superstore Inc. was also named as a defendant in the suit.
On Aug. 3, 2011, James Ball purchased a 2011 Chevrolet Traverse from the defendants, according to a complaint filed May 23 in Kanawha Circuit Court.
Ball claims after purchasing the vehicle, he discovered and experienced repeated nonconformities that substantially impaired the use, value and/or safety of the vehicle.
As a result of the nonconformities, Ball returned the vehicle to the defendants at least five times for repairs, according to the suit. Despite his efforts to allow the defendants on opportunity to repair the vehicle, the defendants failed to do so, the suit says.
Ball claims the defendants' actions were willful, wanton and/or carried out with reckless disregard for his rights.
As a result of the defendants' actions, Ball suffered monetary loss; incidental, consequential, actual and compensatory damages; emotional and mental distress; loss of use; aggravation; anxiety; and annoyance and inconvenience, according to the suit.
Ball claims the defendants failed to repair the defective vehicle within a reasonable time period and did not conform the vehicle to the warranties they offered.
The defendants also breached their contract with Ball and breached their express and implied warranties by refusing to provide him with a comparable replacement vehicle, pursuant to state law, according to the suit.
Ball is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by David L. Grubb and D. Christopher Hedges of the Grubb Law Group.
The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number: 13-C-1011