KINGWOOD – A consumer alleges a vehicle he purchased from a Preston County dealer is not safe to drive and is seeking a cancellation of the sales contract and the return of his money.
Brandon Shrout filed a complaint in Preston Circuit Court against Mountaineer Country Pre-Owned Auto Sales LLC and Peggy Dalton alleging breach of express warranties, common law fraud and other counts.
According to the complaint, the plaintiff alleges that on Jan. 12, he purchased a 2007 Nissan Murano from the defendants for $6,950. He alleges that he was told by the defendants that it had previously been inspected and that it only needed a sway bar.
The plaintiff alleges he took the vehicle to a tire shop the following month and learned that the subframe had rusted out and it was dangerous to drive.
The plaintiff holds Mountaineer Country Pre-Owned Auto Sales LLC and Dalton responsible because the defendants allegedly failed to inform him the vehicle was in poor condition and has refused to return his money.
The plaintiff seeks judgment against defendants for declaratory judgment; permanent injunction; award compensatory, consequential, incidental, actual and punitive damages; costs; attorney's fees; interest; and further relief as the court may deem just. He is represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston.
Preston Circuit Court case number 18-c-61