Woman alleges new Hyundai is defective

Kelly Holleran Aug. 3, 2012, 6:42am

A woman has filed suit against Hyundai, alleging the new car she purchased had numerous defects, including engine and transmission problems.

Carol Hawthorne-Schexnayder claims she bought a 2007 Hyundai Tiburon on July 13, 2007. Along with the purchase of the vehicle came a five-year or 60,000-mile bumper-to-bumper warranty, according to the complaint filed July 27 in Jefferson County District Court.

Since the purchase, the Hyundai has experienced numerous defects, which include a defective electrical system, a troubled transmission characterized by harsh jerking and shifting and a defective engine that occasionally does not allow the vehicle to start, the suit states.

Although Hawthorne-Schexnayder has provided Hyundai with numerous opportunities to fix the vehicle's problems, the company has been unable to repair the Tiburon, the complaint says.

"Plaintiff justifiably lost confidence in the Tiburon's safety and reliability," the suit states. "As a result of these defects, plaintiff revoked acceptance of the Tiburon in writing on June 14, 2012."

However, Hyundai refused to accept Hawthorne-Schexnayder's revocation, she claims.

As a result, Hawthorne-Schexnayder was financially damaged, according to the complaint.

Hawthorne-Schexnayder alleges breach of written warranty and breach of implied warranty against Hyundai.

She is seeking a return of all the money she paid, plus attorney's fees and other relief the court deems just.

Robert Kiddie of Krohn and Moss in Georgetown will be representing her.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A192-748

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