LOGAN — A Logan County widow is suing an automobile distributor, alleging negligent misrepresentation.
Deborah Fleming, individually and as administrator for the estate of Jerry Dale Fleming, deceased, filed a complaint in Logan Circuit Court against Thornhill Superstore Inc., doing business as Thornhill Ford Lincoln, alleging violation of the West Virginia Consumer Protection Act.
According to the complaint, on June 14, 2015, the plaintiffs reasonably relied upon each representation and action in entering into a contract to purchase a 2015 Ford 150F pickup truck and credit life insurance with Thornhill Ford Lincoln that they were eligible to do. The plaintiffs, the suit says, purchased on Aug. 5, 2016 a 2016 Ford Taurus for $27,985 as part of a trade-in deal for their 2008 Ford Fusion.
Deborah Fleming alleges the defendant knew that Jerry Dale Fleming's medical condition would exclude him from the life insurance coverage but Thornhill initiated the coverage, causing the plaintiffs to be denied credit life insurance after his death.
The plaintiff alleges Thornhill Ford Lincoln falsely induced the the Flemings into improperly completing the application for credit life insurance or altered the information on the credit life insurance application, which in turn led to the issuance of credit life insurance polices.
Deborah Fleming seeks trial by jury, actual and punitive damages, all statutory and monetary penalties, credit life insurance in the amount of $29,563.92 and $17,123.51, court costs, attorney fees and all other reasonable and just relief. She is represented by attorney Gregory B. Chiartas of Freeman & Chiartas PLLC in Charleston.
Logan Circuit Court case number 18-C-191B