CHARLESTON – A Wayne County woman says a 2018 Chevrolet Trax she purchased is a lemon.
Tammy Barrett filed her lawsuit in Kanawha Circuit Court against General Motors LLC and Dutch Miller Chevrolet Inc.
According to the complaint, Barrett purchased the Trax on October 8, 2018, from Dutch Miller Chevrolet in Huntington. It previously had been used as a rental car, but she says the price of the vehicle had not been reduced because of that history.
Barrett says the dealer also told her she was required to purchase gap insurance on a new vehicle. She also says she was charged nearly $2,000 for a service contract that she did not agree to purchase and was not disclosed to her.
Barrett says she discovered and experienced repeated nonconformities with the vehicle that impaired use, value and/or safety. She returned the car to the dealer for repair at least seven times, but the repairs have not brought the car into conformity.
She says GM has failed and refused to provide her with a comparable replacement vehicle.
She accuses the defendants of violation of the Lemon Law, breach of express warranties, breach of implied warranty of merchantability, breach of implied warranty of fitness, violation of the Magnuson-Moss Warranty Act, unfair and deceptive acts or practices, common law fraud, constructive fraud, negligence misrepresentation, common law negligence and negligent repair, breach of duty of good faith as well as unconscionability. She also seeks cancellation of the contact by rejection and/or by revocation of acceptance.
Barrett seeks the have the contract declared canceled by rejection, rescission or revocation of acceptance. She also seeks a declaratory judgment saying the defendants violated the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code and/or the Magnuson-Moss Warranty Act. She also seeks a permanent injunction order the defendants to cease and desist from engaging in the unlawful acts she claims and one ordering the defendants to establish an ongoing training program for employees on the subject of consumer rights.
In addition, she seeks compensatory damages for moneys lost, emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience. She also seeks consequential and incidental damages as well as actual damages or $200 for each violation of the Consumer Credit and Protection Act. She also seeks punitive damages, other damages, pre- and post-judgment interest and other relief.
Barrett is being represented by Kristina Thomas Whiteaker and David L. Grubb of The Grubb Law Group in Charleston. The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number 20-C-336