PHILADELPHIA – A Broad Top couple claim Kia disregarded a number of statutes when they purchased a vehicle they say contained several defects which prevented it from operating as presented and advertised.
Melinda Brown and Mark Brown filed suit in the Philadelphia County Court of Common Pleas on June 16 against Kia Motors America, Inc. of East Brunswick, N.J.
According to the lawsuit, on Jan. 1, 2014, the Browns purchased a new 2014 Kia Optima, manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The price of the vehicle totaled more than $20,000.00, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law.
In consideration for the purchase of the above vehicle, defendant issued to plaintiff several written warranties, including a three-year or 36,000-mile warranty, delivered at the time of sale.
The Browns discovered the vehicle’s defects included interior lights, vehicle pull condition, defective tail lamp, odor condition, transmission, heated seats, wheel bearings and brakes.
The Browns continued the defendant’s authorized service facility had made six attempts to comply with its express warranties, but the attempts were ineffective or not performed within a reasonable amount of time.
For alleged violation of the Lemon Law, Magnuson-Moss Warranty Act, breach of warranty, violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) and revocation of acceptance of contract, the plaintiff is seeking damages in an amount equal to the purchase price of the subject vehicle, collateral charges and attorney’s fees, not in excess of $50,000.
The plaintiff is represented by Michael Power of Power & Associates, in Glen Mills.
Philadelphia County Court of Common Pleas case 170601748
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com