CALHOUN COUPLE SUES GM UNDER LEMON LAW

(04/20/2010)

The WV Record is reporting that a Calhoun County couple is suing General Motors Corporation for breach of warranty under the West Virginia Lemon Law. On Jan. 26, 2008, James and Kerry Moneypenny of Big Bend purchased a new 2008 Pontiac Grand Prix from Tom Pedan Chevrolet-Pontiac-Buick, Inc., for $31,080, according to a complaint filed March 26 in Kanawha Circuit Court. The Moneypennys, according to the WV Record, claim after they purchased the vehicle they experienced repeated non-conformities with the vehicle, which substantially impaired the use and market value of the vehicle and caused them to fear for safety when operating the vehicle. As a result of the defendant's failure to conform the vehicle to the warranties after a reasonable number of attempts, the Moneypennys claim they were damaged by the loss of use of the vehicle, and have suffered annoyance, inconvenience and incurred expenses for alternative transportation. The Moneypennys are seeking revocation of acceptance and refund of the purchase price including sales tax, license and registration and other reasonable expenses incurred for the purchase of the vehicle with interest; damages for the cost of repairs reasonably required to conform the vehicle to the express warranty; and damages for loss of use, annoyance or inconvenience. They are being represented by Michael L. Glasser. The case has been assigned to Circuit Judge Jennifer Bailey.

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