CHARLESTON — A Logan County couple is suing General Motors, alleging breach of implied and express warranties.
Timothy Franklin and Drema Franklin filed a complaint in Kanawha Circuit Court against General Motors LLC and Thornhill Superstore Inc., alleging violation of the Lemon Law and Magnuson-Moss Warranty Act.
According to the complaint, on Dec. 30, 2017, the Franklins entered into a motor vehicle purchase contract with the defendants for the purchase of a 2018 GMC Acadia.
The suit says the Acadia did contain a warranty to cover any repairs or replacement needed during the warranty period. However, after purchasing the vehicle, the Franklins allegedly discovered and experienced repeated nonconformities that substantially impaired the use, value and/or safety of the Acadia. This happened despite the Franklins returning the vehicle to the defendants' dealer for repair multiple times, the suit says.
The plaintiffs allege General Motors and Thornhill Superstore failed to repair the vehicle so as to bring it into conformity with the warranties and within a reasonable time period.
The Franklins seek trial by jury, all damages, court costs, pre-and post-judgment interest, and all further appropriate relief. They are represented by attorney Charles M. Love of The Love Law Firm PLLC in Charleston.
Kanawha Circuit Court case number 18-C-824