CHARLESTON – A consumer alleges a Kanawha County dealership failed to disclose to her that a vehicle she purchased had previously been damaged in an accident.
Pansy Michaelson filed a complaint in Kanawha Circuit Court against Turnpike Ford Inc. and Exeter Finance LLC citing the West Virginia Consumer Credit and Protection Act and other counts.
According to the complaint, the plaintiff alleges that on May 31, 2017, she purchased a 2017 Nissan Rouge from the defendants for personal use. She alleges at the time she purchased the vehicle, Turnpike told her the vehicle was "like new" and still under the original manufacturer's warranty.
The plaintiff later learned from a Nissan dealership where she had taken the vehicle to be serviced that it had been in a severe prior accident and had significant damage. She alleges she returned it to Turnpike for service and claims that it was returned to her a month later with repairs she felt were inadequate.
The plaintiff alleges she would have not purchased the vehicle had she known its actual condition.
The plaintiff holds Turnpike Ford Inc. and Exeter Finance LLC responsible because the defendants allegedly intentionally misrepresented the history and condition of the vehicle at the time of purchase, charged an unconscionable price for it and refused to remedy the problems or cancel the sale.
The plaintiff requests a trial by jury and seeks cancellation of the contract, award for all damages, pre- and post-judgment interest, attorney's fees, costs and all other general and appropriate relief. She is represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number 18-C-106