West Virginia Record

Tuesday, July 16, 2019

Customer accuses used car dealer of unfair business practices


By Philip Gonzales | Dec 4, 2018

RIPLEY — A Jackson County customer is suing used car dealers, alleging breach of warranties.

Sarah Burgess filed a complaint in Jackson Circuit Court against Rick Muller Used Cars, Rick Muller and Shannon Rose, alleging that they violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, on Jan. 3, 2017, Burgess purchased a 2004 Mazda Tribute from the defendants. The suit says about a year after purchasing the vehicle, the Mazda suddenly run off the road when the sub-frame broke. 

Burgess says she suffered monetary loss, emotional and mental distress, loss of use of the vehicle and inconvenience. The plaintiff alleges the defendants failed to disclose that the Mazda had frame damage, was in poor condition and that the defendants failed to remedy the problem in a timely fashion.

Burgess seeks trial by jury, cancellation of contract by revocation of acceptance, compensatory and punitive damages, attorney fees, court costs, interest and all other appropriate relief. She is represented by attorneys Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston.

Jackson Circuit Court case number 18-C-87

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Jackson Circuit Court The Grubb Law Group

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