Couple claims Ford Escape has defects, seek rescission of contract

By Philip Gonzales | Aug 17, 2017

CHARLESTON – A Baisden couple is seeking the rescission of a vehicle purchase because they allege it is defective.

Norma Jean Carter and Ricky Carter filed a complaint July 24 in Kanawha Circuit Court against Ford Motor Co. alleging that the automobile manufacturer failed to comply with the Magnuson-Moss Warranty Improvement Act.

According to the complaint, the plaintiffs allege that on Sept 27, 2015, they purchased a new 2016 Ford Escape for $36,838.24. After purchase, they allege they experienced serious non-conformities with the vehicle and that such non-conformities substantially impaired its use, value and safety. For example, the suit states the vehicle would shut off while in motion and lose power while on inclines.

The plaintiffs hold Ford Motor Co. responsible because the defendant allegedly failed to deliver a vehicle that was fit for its intended use.

The plaintiffs request a trial by jury and seek revocation of acceptance and refund of the purchase price, award for all damages, attorney's fees, costs and expenses and any further relief as the court deems appropriate. They are represented by Christina Gill Roseman of Roseman Law Firm PLLC in Pittsburgh, Pennsylvania. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number 17-C-1041

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Ford Motor Company Kanawha Circuit Court Roseman Law Firm PLLC

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