West Virginia Record

Wednesday, October 16, 2019

Woman claims auto dealership tampered with her vehicle's odometer


By Carrie Bradon | May 28, 2019

CHARLESTON — A woman is suing a dealership, alleging she was sold a car with an odometer that had been tampered with.

Sherry Patrick filed a complaint in Kanawha Circuit Court against Joe Holland Chevrolet Inc. and Santander Consumer USA Inc.

The suit states the plaintiff purchased a car to transport her disabled son on Jan. 3, 2019. The plaintiff was offered a $2,500 trade-in value for her 2004 Chevy Trailblazer and the defendant recommended the 2007 Chevy Cruze to the plaintiff. The plaintiff was offered a warranty for four years or 100,000 miles. The plaintiff was given a statement regarding the odometer reading, stating that it was 31,676, but claims the actual mileage was 37,504. 

The plaintiff returned to the defendant to complain of defects, but the defendant told the plaintiff that she would have to pay $100 to run a diagnostic check as well as half of all part and labor. When the plaintiff tried to trade in her vehicle at another dealership, she was informed that she could not due to the odometer tampering.

The defendant is accused of violation of the Odometer Act, violation of truth-in-lending, fraudulent misrepresentation, and breach of contract.

The plaintiff is seeking all reasonable sums due, attorney's fees and court costs. The plaintiff is represented by Bren Pomponio of Mountain State Justice Inc. in Charleston.

The case has been assigned to Judge Joana Tabit.

Kanawha Circuit Court case number 19-C-377

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