Plaintiffs seek damages for alleged defective vehicle

By Molly English-Bowers | Mar 5, 2016

LOGAN – A Logan County couple is suing over an allegedly defective vehicle they purchased.


LOGAN – A Logan County couple is suing over an allegedly defective vehicle they purchased.

David L. Ellis and Grace Ellis filed the suit on Feb. 26 in Logan Circuit Court against Thornhill Superstore Inc.

On Feb. 27, 2015, the plaintiffs purchased a 2012 Dodge Journey from the defendant. The vehicle's windshield was cracked, and the check engine and check oil lights were illuminated so they allegedly agreed to purchase the vehicle on the condition the problems were resolved. The defendant agreed to do so, the complaint states.

When Grace Ellis picked up the vehicle two weeks later, she noticed the windshield had been replaced. But when she was driving the vehicle home, the warning lights allegedly came back on. The vehicle also began to vibrate and the rear brakes did not function properly, according to the complaint.

Despite requests by the plaintiffs, the suit alleges the defendant has refused to repair the vehicle, or to rescind the contract and give the plaintiffs a full refund.

The plaintiffs are claiming breach of contract, fraud, breach of express warranty and breach of implied warranty.

They are asking for a trial by jury. They also seek rescission of the contract for the purchase of the vehicle, the defendant's acceptance of the return of the vehicle, full reimbursement, punitive damages, pre- and post-judgment interest, and other remedies.

They are represented by Robert H. Miller II of The Sutter Law Firm PLLC in Charleston. The case is being heard by Judge Eric H. O'Briant.

Logan Circuit Court Case number 16-C-45

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