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WEST VIRGINIA RECORD

Monday, April 29, 2024

Man says Tesla he purchased was a lemon

State Court
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CHARLESTON – A South Charleston man says the Tesla he purchased was a lemon.

Jacob Bounds filed his complaint in Kanawha Circuit Court against Tesla Inc., the electric vehicle manufacturer.

According to the complaint, Bounds purchased the 2023 Tesla Model S on December 20, 2022. He claims the vehicle did not conform to the manufacturer's express warranties. He further accuses Tesla of failing to make necessary repairs after several attempts and committing willful and/or negligent acts to his detriment.

Bounds accuses Tesla of violating the state Lemon Law, breach of express warranties, breach of implied warranties of merchantability, breach of implied warranty of fitness, cancellation of contract by rejection, cancellation of contract by revocation of acceptance, violating the Magnuson-Moss Warranty Act, unfair and deceptive acts or practices, common law negligence, negligent repair and breach of duty of good faith.

He says that because of Tesla's alleged unlawful, unfair, unconscionable, deceptive, reckless, willful and negligent actions, he suffered monetary loss, consequential and incidental damages, compensatory damages, emotional and mental distress, aggravation, anxiety, loss of use annoyance and inconvenience.

Bounds seeks compenatory damages, declaratory and injunctive relief under the West Virginia Consumer Credit and Protection Act, the Uniform Commercial Code, the Magnuson-Moss Warranty Act, and applicable state common law theories of liability. 

He is being represented by Matthew M. Johnson of Caldwell and Riffee in Charleston. The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number 24-C-133

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