CHARLESTON – A Clendenin couple allege a new Toyota vehicle they purchased has a defect that has not been corrected after multiple repair attempts.
Ernest G. Mullins and Sharry K. Mullins filed a complaint Jan. 19 in Kanawha Circuit Court against Toyota Motor Engineering & Manufacturing North America Inc. alleging violation of the West Virginia Consumer Credit and Protection Act.
According to the complaint, the plaintiffs allege that on Jan. 16, 2016, they purchased a 2016 Toyota Tacoma from defendant's dealer for $35,763.39 on credit. After purchase, they allege they repeatedly heard a noise from the rear end of the vehicle and took it in three times to correct the defect with no avail.
The plaintiffs hold Toyota Motor Engineering & Manufacturing North America Inc. responsible because the defendant allegedly failed to confirm the vehicle with its warranties.
The plaintiffs request a trial by jury and seek all damages, including the refund or the purchase price, plus interest, attorney's fees, costs and any further relief that the court may deem proper. They are represented by Clinton W. Smith of The Law Office of Clinton W. Smith in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number 18-C-60