BECKLEY — A Wyoming County resident is suing Massey Power Sports LLC, citing alleged breach of warranty.
Earl D. Smith filed a complaint on Jan. 25 in the Raleigh Circuit Court against Massey Power Sports LLC alleging that the ATV seller failed to make repair in a good an workmanlike manner.
According to the complaint, the plaintiff alleges that on March 25, he purchased a Hi-Sun HS 700 and a Hi-Sun Quick Attached Snow Blade from the defendant for $9,300. Despite paying in full, the plaintiff did not receive the title until Dec. 7. Subsequent to the purchase, the plaintiff experienced numerous issues with the vehicle, rendering it to be unsafe, unsound and unacceptable. The plaintiff holds Massey Power Sports LLC responsible because the defendant allegedly despite numerous attempts, allegedly failed to fix the vehicle and refused to take it back.
The plaintiff requests a trial by jury and seeks revocation of acceptance and the return of plaintiff's purchase price and all expenses incurred, costs of this action and such other relief to which he is entitled. He is represented by A. David Abrams Jr. of Abrams & Byron in Beckley.
Raleigh Circuit Court Case number 17-c-44