Notice of non-suit filed in case alleging Gunn Chevrolet concealed car's flood history

Plaintiff Kourtney McClary filed a notice of non-suit on Monday in her suit against Gunn Chevrolet, which alleges she wasn't informed that an Acura she purchased had been in a flood.

As previously reported, McClary filed her suit March 26, 2010, in Jefferson County District Court against Americredit Corp., Sanders Sales and Beaumont Motor Company, doing business as Gunn Auto Park, Gunn Acura and Gunn Chevrolet.

In her suit, McClary claims she purchased a 2005 Acura from Beaumont Motor on March 31, 2008.

Soon after McClary took possession of the vehicle she began experiencing problems with it that were covered under an extended warranty.

"She ... discovered that the vehicle was in a flood that covered the vehicle and it was damaged when the vehicle hit something in the flood," the suit states.

Some of the vehicle's problems include an engine control computer that has rust, a number of brackets behind the dash with rust, rusted floorboards, all metal parts behind the backseat that have rust and a misshapen and unproperly aligned right suspension control arm, causing several tires to fail, McClary claims.

On Oct. 31 McClary filed a notice of nonsuit of Gunn Chevrolet, asking the court to dismiss the defendant without prejudice.

McClary is suing for actual and consequential damages.

Thomas O. Moses of Beaumont represents her.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A186-386