CHARLESTON — A woman says a vehicle she purchased from General Motors was defective.
Katie Monroe purchased a 2022 Chevrolet Silverado on Aug. 27, 2022, from Joe Holland Chevrolet in South Charleston, according to a complaint filed in Kanawha Circuit Court.
Monroe claims she discovered repeated nonconformities with the vehicle that substantially impaired its use and she returned the vehicle for repair at least five times after purchase.
"Despite plaintiff's efforts to allow Defendant Manufacturer the opportunities to repair the subject vehicle, defendant failed to repair the vehicle so as to bring it into conformity with the warranties set forth herein," the complaint states.
The defendant's actions caused Monroe to suffer a monetary loss, according to the suit.
"As a direct result of the defendant's unlawful, unfair, unconscionable, deceptive, reckless, willful and negligent actions, the plaintiff suffered monetary loss, consequential and incidental damages, compensatory damages, severe emotional and mental distress, aggravation, anxiety, loss of use, annoyance and inconvenience," the complaint states.
The defendant was adequately notified of the vehicle's defects and was given a reasonable number of opportunities to remedy the defects, according to the suit.
Monroe claims the defendant violated West Virginia's lemon law, as well as the state's Consumer Credit and Protection Act and the Uniform Commercial Code.
The defendant breached its duty of good faith and misrepresented the vehicle.
"The plaintiff gave defendant reasonable opportunities to cure its failure to comply with said warranties and the defendant did not cure," the complaint states. "Plaintiff otherwise performed all things agreed to and required of her under the purchase agreement and warranty, except as may have been excused or prevented by the conduct of defendant as herein alleged."
Monroe is seeking compensatory and punitive damages, along with revocation of the vehicle. She is represented by Charles M. Love IV with the Love Law Firm in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-479