CHARLESTON — A man says a vehicle he purchased from Kia America and DM Motor was defective.
Charles Crow entered into a motor vehicle purchase contract for a 2021 Kia Sorento on May 12, 2021, according to a complaint filed in Kanawha Circuit Court.
Crow claims after he purchased the vehicle, he discovered and experienced repeated non-conformities with the vehicle.
"As a result, Plaintiff returned the subject vehicle to Dealer for repair," the complaint states. "In fact, the subject vehicle has been to authorized dealers for repair attempts at least seven times."
Despite the plaintiff's efforts to allow the defendants an opportunity to repair the vehicle, the defendants failed to repair the vehicle and bring it into conformity with the warranties, according to the suit.
Crow claims the defendants' actions were willful, wanton and/or carried out with reckless disregard for the rights of the plaintiff.
"As a result of Defendants' actions, Plaintiff suffered monetary loss, incidental consequential, actual and compensatory damages, emotional and mental distress, loss of use, aggravation, anxiety, annoyance and inconvenience," the complaint states.
Crow claims the defendants violated the state's lemon law. He claims the defendants also refused to request a comparable replacement vehicle.
Crow claims he performed each and every duty required of him under the terms of the warranty agreement.
The defendants misrepresented the condition of the vehicle and failed to remedy the problems brought about by the defendants' unlawful conduct in a timely fashion, according to the suit.
Crow is seeking compensatory and punitive damages. He is being represented by Kristina Thomas Whiteaker of The Grubb Law Group in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-439