CHARLESTON — A Webster County couple is suing General Motors alleging the vehicle they purchased was defective.
Macil Tyler and David Tyler claim their new motor vehicle did not conform to the manufacturer's express warranties and the defendant did not make the necessary repairs to conform the vehicle to the warranties after a reasonable number of attempts, according to a complaint filed in Kanawha Circuit Court.
The Tylers claim the defendants violated the West Virginia Consumer Credit and Protection Act.
"As a direct result of Defendant's unlawful, unfair, unconscionable, deceptive, reckless, willful and negligent actions, Plaintiffs suffered monetary loss, consequential and incidental damages, compensatory damages, emotional and mental distress, aggravation, anxiety, loss of use, annoyance and inconvenience," the complaint states.
The Tylers purchased the 2023 Chevrolet Equinox on Nov. 11, 2022, and claimed soon after the purchase, they discovered and experienced repeated nonconformities that substantially impaired the use, value and/or safety of the vehicle.
The plaintiffs notified the defendant of the defects and issues with the vehicle and were instructed to bring it in for repairs, however, since April 24, 2023, the vehicle has been sitting at one of the defendant's authorized repair shops, awaiting repairs, according to the suit.
"Defendant failed and refused to provide a comparable replacement vehicle and to reimburse Plaintiffs pursuant to Plaintiffs' rights under West Virginia law," the complaint states. "Defendant's actions were willful, wanton and/or carried out with reckless disregard for the rights of Plaintiffs."
The Tylers claim the defendants violated the state's lemon law and breached the vehicle's warranties.
The Tylers are seeking compensatory and punitive damages, as well as revocation of the vehicle and its contract. They are represented by Kristina Thomas Whiteaker of The Grubb Law Group in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 23-C-424