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WEST VIRGINIA RECORD

Friday, April 19, 2024

Putnam Co. couple seeks damages for vehicle purchase over alleged violations of Lemon Law

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WINFIELD – A Putnam County couple is suing because a brand-new vehicle they purchased allegedly did not conform to manufacturer warranties.

Wesley Mullins and Danielle Mullins filed the suit Aug. 24 in Putnam Circuit Court against FCA US LLL, doing business as Chrysler Corp., Courts Chrysler-Dodge-Jeep and TD Auto Finance, citing breach of express warranties, violation of the Lemon Law, unfair and deceptive acts or practices and other violations.

On May 15, 2014, the plaintiffs purchased a Dodge Ram 3500 truck with 18 miles on it, the complaint states. The purchase of the vehicle came with a manufacturer's warranty, but the plaintiffs also purchased an extended warranty from the dealer.

They noticed a problem with the vehicle significantly shaking from the rear of the truck during the test drive, but the car dealer assured them it was the tires, the suit claims. The plaintiffs returned the vehicle to the dealer several times, but each time the problem persisted. Eventually, the plaintiffs replaced the tires, but it did not solve the issue.

The plaintiffs further contacted the manufacturer, which, they say, refused to fix the vehicle. Subsequent communication with the manufacturer was never acknowledged, the suit says.

The plaintiffs seek a judgment by the court that the defendants are in violation of three consumer protection acts and a permanent injunction to order the dealer to establish a training program for its employees covering consumer rights, compensation, incidental damages, actual damages, penalties, attorneys' fees and court costs.

Representing the plaintiffs are Benjamin Sheridan and Mitchell Lee Klein of Klein, Sheridan & Glazer in Hurricane.

Putnam Circuit Court case number 15-C-208.

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