CHARLESTON — Two Fayette County residents are suing Ford Motor Company, Sheets Automotive Group LLC and Wells Fargo Dealer Services Inc., citing alleged violation of the "Lemon Law," breach of express warranties, breach of implied warranty of merchantability, breach of implied warranty of fitness, cancellation of contract by rejection, cancellation of contract by revocation of acceptance, violation of Magnuson-Moss warranty act, unfair and deceptive acts or practices, common law fraud, constructive fraud, negligent misinterpretation, common law negligence, breach of duty of good faith, and unconscionability.
Rodney and Amber Skaggs filed a complaint on May 11 in Kanawha Circuit Court against the defendants, alleging that they failed and refused to offer remedy or to repair the vehicle the plaintiffs had purchases, and that the plaintiffs were falsely told the vehicle had not been in a wreck.
According to the complaint, the plaintiffs allege that on April 9, 2014, Rodney and Amber Skaggs purchased a 2012 Ford Explorer from the defendant dealer. The plaintiffs say they were told that the vehicle was in excellent condition, specifically that the mileage was low, it had not been wrecked, and the only problem was a cigarette burn on the seat. The plaintiffs say they were also told that the vehicle was still covered by the original manufacturer's warranty. Shortly after the vehicle had been purchased, the plaintiffs claim, they experienced several issues: water in the floorboard of the passenger side, an illuminated airbag light, and problems with the brakes, transmission and air conditioning. The plaintiffs alleged that the defendant dealer attempted to fix the issues at least four times but was unsuccessful.
The plaintiffs says they sought comparable replacement or reimbursement but the defendant manufacturer refused. The plaintiffs claim they went to a different dealership for a possible trade-in, and then learned that the vehicle had been wrecked before. The plaintiffs hold the defendants responsible because the defendants allegedly willfully failed to inform the plaintiffs of the vehicle's real condition and problems. Aside from that, despite being covered by warranties, the defendant dealer and defendant manufacturer were not able to repair the vehicle's, refused to replace the vehicle and refused to reimburse for it, the suit says.
The plaintiffs request a trial by jury and ask the court to declare the contract to be canceled by rejection, rescission, or revocation of acceptance. They also ask the court to enter a declaratory judgment declaring the acts of the defendants to be in violation of the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code, and/or the Magnuson-Moss Warranty Act. The are asking the court to enter a permanent injunction against the defendants ordering them to cease and desist from engaging in the unlawful acts described in the suit and a permanent injunction against the defendants ordering them to establish an ongoing training program for employees on the subject of consumer rights in West Virginia. The plaintiffs seek damages against the defendants in an amount to be determined at trial for emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience suffered as a result of Defendants’ unlawful acts; consequential and incidental damages; actual damages or two hundred dollars, whichever is greater; statutory penalties for each violation of the West Virginia Consumer Credit and Protection Act; punitive damages; costs; prejudgment and postjudgment interest; and such further and general relief as the court may deem appropriate. They are represented by David L. Grubb and Kristina Thomas Whiteaker of The Grubb Law Group in East Charleston.
Kanawha Circuit Court Case number 16-c-708
