CHARLESTON – An Ohio man alleges a Charleston dealership sold him a vehicle that did not conform to its manufacturer's warranty.
Brett Tawney filed a complaint in Kanawha Circuit Court against FCA USA LLC and Dutch Miller of Charleston Inc. alleging violation of the West Virginia Consumer Credit and Protection Act, the Magnuson-Moss Warranty Act and other counts.
The suit states Tawney purchased a 2017 Chrysler Pacifica from Dutch Miller on Feb. 20, 2018, which included a manufacturer's express warranty. Tawney alleges he began to experience numerous "nonconformities" with the vehicle and that he took it to Dutch Miller for repair, but the defendants have failed to repair it.
Tawney alleges he notified FCA of the vehicle's defects but that the manufacturer failed and refused to provide a replacement vehicle.
Tawney seeks to cancel the sales contract, a trial by jury and all other appropriate relief. He is represented by Kristina Thomas Whiteaker and David Grubb of The Grubb Law Group PLLC in Charleston.
The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number 19-C-1075