Man alleges Love Toyota breached warranty, would not repair vehicle

By Philip Gonzales | Aug 28, 2016

CHARLESTON – A man alleges a car dealership did not honor a warranty to repair rust on a vehicle he purchased.

Chad B. Lusher filed a complaint on July 27 in the Kanawha Circuit Court against St. Albans Inc., doing business as Love Toyota, and Toyota Motor Sales USA Inc. alleging that they violated the West Virginia Consumer Protection Act and the Uniform Commercial Code and breach of express warranty.

According to the complaint, the plaintiff alleges that he purchased a Toyota Tundra 4x4 Crewmax with a limited warranty. On Dec. 22, 2015, within the warranty period of 60 months, the suit states he took the vehicle to Love Toyota due to rust and perforation in the bed of the truck, which the defendant refused to repair. As a result of non-replacement, he alleges he suffered damages, including but not limited to costs of repair, diminution of market value and professional costs. The plaintiff holds Love Imports of St. Albans Inc. and Toyota Motor Sales USA Inc. responsible because the defendants allegedly refused to repair the rust and perforation in the bed of his vehicle and failed to replace the damaged bedding.

The plaintiff requests a trial by jury and seeks compensatory damages to be fixed by the court, attorney's fees, costs for this action, prejudgment interest and such other relief as the court deems just and proper. He is represented by Paul E. Biser of Fredeking, Fredeking & Biser Law Offices in Huntington. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court Case number 16-C-971

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