CHARLESTON – A Charleston man says a used car quit working less than two months after he purchased it.
Timothy Walton filed his complaint in Kanawha Circuit Court against Charleston Suzuki LLC doing business as Charleston Mitsubishi.
According to the complaint, Walton purchased a 2012 Kia Sedona from the dealership on February 21, 2018. He says it had several undisclosed issues at the time of purchase that should have been known by the defendant, and he says he was told the vehicle would work.
The vehicle completely broke down in April 2018, and he had to have it towed to a garage for inspection and repair. At the garage, mechanics revealed the engine was seized and would not turn over. He then had the vehicle towed back to Charleston Mitsubishi.
“For the next 10 months, Mr. Walton continued to pay for a vehicle that was not even in his possession because of the harm it would inflict on his credit,” the complaint states. “Ultimately, Mr. Walton could no longer afford to pay for a vehicle that did not work and, upon information and belief, the defendant repossessed the vehicle.”
He says he was duped into financing the defective vehicle and lost money, time and suffered nuisance as a result of purchasing it.
“Charleston Mitsubishi misrepresented to Mr. Walton that the car was working when in fact is was nothing more than a yard ornament,” the complaint states.
Walton also says the purchasing paperwork makes several illegal representations regarding debt, meaning Charleston Mitsubishi is engaging in unfair debt collection practices.
He says the defendant’s unlawful sales practices are violations of West Virginia consumer protection statutes such as the Consumer Credit and Protection Act. He also accuses the defendant of unjust enrichment, breach of contract, breach of the implied warranties of merchantability and fitness for a particular purpose, misleading acts and creation of likelihood of confusion in a consumer transaction.
Walton seeks compensatory damages, punitive damage, interest, court costs, attorney fees and other relief.
Walton is being represented by Troy Giatras and Matthew Stonestreet of The Giatras Law Firm in Charleston. The case has been assigned to Circuit Judge Tod Kaufman.
Kanawha Circuit Court case number 20-C-993