Cabell County consumers sue over allegedly faulty truck

By Philip Gonzales | Aug 10, 2016

BECKLEY — Two Cabell County consumers are suing FCA US LLC, f/k/a Chrysler Group LLC; Goldy Auto LLC; and Santander Consumer USA Inc., d/b/a Chrysler Capital, citing alleged fraud and breach of implied warranty of merchantability in connection with a Dodge Ram pickup truck.

Joseph M. Hanshaw and Tracy E. Hatfield filed a complaint on July 18 in Raleigh Circuit Court against the defendants, alleging that they violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiffs allege that on Sept. 22, 2014, they purchased a new Dodge Ram 1500 truck. After the purchase, they experienced repeated non-conformities that substantially impaired the use, value and safety of the vehicle, they claim. As a result of said non-conformities, they suffered monetary loss, emotional and mental distress, annoyance, inconvenience and loss of use, the suit alleges. The plaintiffs hold the defendants responsible because they allegedly failed to make necessary repairs to conform the vehicle to its express warranties, refused to bring the vehicle to conformity and failed and refused to provide a comparable replacement vehicle or to reimburse the payment.

The plaintiffs request a trial by jury and seek revocation of acceptance, an order for defendants to cease and desist from engaging in unlawful acts, an award for damages, attorney's fees and costs and such other relief as the court may deem appropriate. They are represented by Benjamin Sheridan and Daniel K. Armstrong of Klein, Sheridan & Glazer LC in Hurricane.

Raleigh Circuit Court Case number 16-C-472

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