Woman accuses Dutch Miller Kia of selling defective vehicle

By Kyla Asbury | Nov 5, 2015

HUNTINGTON – A woman is suing Dutch Miller Kia after she claims it failed to conform a vehicle to its warranties.

DM Motor Inc. is doing business as Dutch Miller Kia. Kia Motors America was also named as a defendant in the suit.

On July, 25, 2011, Michelle Bowen purchased a new 2012 Kia Sorento for $25,479.20 for the vehicle, $1,104 for privilege taxes, $45 for title fee, $34.50 for other various fees, $185.50 for documentary fee and taxes, $77.70 for service contract fee, $1,295 for a comprehensive mechanical service contract and $560 for gap insurance, according to a complaint filed Oct. 20 in Cabell Circuit Court.

Bowen claims since the date of purchase, she has paid more than $19,000 toward the car and presently owes approximately $12,000.

Since Bowen's purchase of the vehicle, she has experienced sudden, unexpected complete engine failure in a rural area near the Logan/Lincoln County line and immediately took the vehicle to the dealer on July 29, 2014 for diagnostics and the engine was replaced, according to the suit.

Bowen claims at the time of the engine failure, the odometer read 71,060 and the vehicle was three years old, both well within the timeframes for the applicable warranty of ten years or 100,000 miles.

The plaintiffs vehicle has now been in the care, custody and control of the defendant for more than one year and the necessary repairs have not been made under the applicable warranty, according to the suit.

Bowen claims the vehicle does not conform to the express warranties as stated in the warranty information, which was provided by Dutch Miller and Kia.

Although Bowen has notified Kia of the problem with the vehicle and its authorized dealer, neither Kia or Dutch Miller have been able or willing to correct the defect and problem to make the vehicle conform to the warranties covering it, according to the suit.

Bowen is seeking compensatory damages. She is being represented by K. Brian Adkins of Shaffer & Shaffer PLLC.

The case is assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court case number: 15-C-721

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