BECKLEY – A Raleigh couple seeks restitution for an allegedly defective Jeep Grand Cherokee that they claim the manufacturer failed to properly repair.
Mark Thora Davis and Patricia Davis filed their claim in Raleigh Circuit Court on Dec. 22 against FCA US LLC, citing breach of written and implied warranty.
According to their complaint, the couple purchased the Jeep Grand Cherokee from the defendant on Aug. 17, 2013, for $44,620. In consideration of the purchase, the defendant issued a warranty protecting the vehicle from damages fully outlined in the manufacturer’s new car warranty book. Soon after purchase, the Davis’ claim the vehicle exhibited evidence of a defective transmission, body/trim and additional defects.
Because the plaintiffs allegedly provided ample time for the manufacturer to fix the defects to no avail, they cite a breach of warranty under the Magnus-Moss Warranty Act. They claim that the vehicle remains damaged and unsuitable to drive or sell.
The plaintiffs seek the diminution in value of the Cherokee along with any necessary costs of repair and consequential damages, litigation fees and further acceptable relief. They are represented by Michael S. Bailey of Bailey and Howard, PLLC in Barboursville. The case has been assigned to Circuit Judge Robert A. Burnside Jr.
Raleigh Circuit Court Case number 15-C-1028