Consumers sue car dealership, others alleging fraud

By Jenie Mallari-Torres | Dec 28, 2018

CHARLESTON — Consumers are suing a car dealership, citing alleged breach of duty, breach of implied warranty, breach of warranty, fraud, negligence and negligent misrepresentation.

Ricky and Patricia Ward filed a complaint in Kanawha Circuit Court against H&P Inc. and Credit Acceptance Corporation, alleging that they obtained profit through unfair or deceptive trade or commerce.

According to the complaint, the plaintiffs allege that since May 14, 2018, the Wards have suffered monetary loss, incidental, consequential, actual and compensatory damages, emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience as a result of the defendant's fraudulent conduct of selling the vehicle without disclosing its poor mechanical condition, defects and prior collision damage, and refusing to repair its most serious defects. 

The plaintiffs hold H&P Inc. and Credit Acceptance Corporation responsible because they allegedly failed to inform the couple that vehicle was in a poor mechanical condition, and they refused to return the plaintiffs' moneys paid for the purchase of the defective vehicle.

The plaintiffs request a trial by jury and seek judgment against defendants for declaratory and injunctive relief, consequential and incidental damages, actual and punitive damages. They are represented by Kristina Thomas and David L. Grubb of The Grubb Law Group in Charleston.

Kanawha Circuit Court Case number 18-C-1417

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Kanawha Circuit Court The Grubb Law Group

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