CHARLESTON – An Upshur County couple alleges a truck they purchased has defects and seeks rescission of the contract.

Nathan Hornbeck and Brittany Hornbeck filed a complaint July 31 in Kanawha Circuit Court against Ford Motor Co. and Jenkins Ford Inc. alleging that they violated the Magnuson-Moss Warranty Act and other counts.

According to the complaint, the plaintiffs allege that on Aug. 3, 2015, they leased a 2015 Ford F150 from defendants. After leasing, the plaintiffs allege they experienced repeated non-conformities with the vehicle that substantially impaired its use, safety and value. 

The plaintiffs hold Ford Motor Co. and Jenkins Ford Inc. responsible because the defendants allegedly failed to repair the vehicle to conform it to its warranties and failed and refused to provide a comparable replacement.

The plaintiffs request a trial by jury and seek revocation of acceptance of the contract; award for actual, consequential and punitive damages; penalties; attorney's fees; costs and interest and such other general relief. They are represented by Kristina Thomas Whiteaker of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number 17-C-1071

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