Car owner litigates against dealership alleging fraud

By Carol Ostrow | Jul 10, 2015

WHEELING—An Ohio County resident filed suit against an automobile dealership claiming several counts of unlawful conduct in an undated denial of coverage for his allegedly warranted vehicle.

David E. McLaughlin of Glen Dale filed a complaint against Straub Hyundai Inc. of Wheeling on June 22 in Raleigh Circuit Court asserting that his 2013 Hyundai Sports Santa Fe purchased from the dealership should have been covered by a power train warranty.

According to the filing, the defendant has misrepresented the vehicle’s service history, falsely suggesting that the owner neglected to schedule routine oil changes and other service, blaming the plaintiff for vehicle damage and failing to honor the vehicle warranty.

The complaint states that McLaughlin routinely brought his vehicle in for maintenance in accordance with his responsibilities as owner and that the defendant breached its lease agreement and/or warranty terms, resulting in injuries, damages and losses to the plaintiff.

Alleging false representation and/or concealed material facts, McLaughlin claims that the defendant’s conduct was intentionally fraudulent, “extreme and outrageous, intolerable in a civilized society," willfully inflicting emotional distress.

Asserting tortuous conduct, unjust enrichment, embarrassment, economic loss, and damage to his credit score, the plaintiff seeks compensatory and punitive damages, pre- and post-judgment interest, attorneys’ fees, and costs.

McLaughlin is represented by George Sidiropolis and J. William Flanigan of Sidiropolis Law in McMechen. The case has been assigned to Judge Martin J. Gaughan.


Raleigh Circuit Court case number 15-C-184-MJG.

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