Kia was previously wrecked, suit against dealer alleges

By John Suayan, Galveston Bureau | Nov 4, 2011

A 2008 Kia Optima

GALVESTON - A Galveston County woman believes she purchased a "totaled" vehicle from Paramount Credit Inc. and has filed a lawsuit.

Kimberly Montgomery paid $11,369.94 for a 2008 Kia Optima that was alleged involved in a wreck in Illinois on April 2, 2010, according to a lawsuit filed Oct. 25 in Galveston County District Court.

Montgomery originally went to the defendant, doing business as 5 Star Auto Plex, on Oct. 15, 2010, to purchase a vehicle with certain specifications.

An immediate search turned up nothing, but the defendants called Montgomery a few days later to notify her that a car -- the Kia -- suitable to her requirements was found.

She then bought the car, which reportedly came with a factory warranty.

After obtaining an inspection sticker, Montgomery suspected trouble with the latch on the Kia's trunk and brought the vehicle to a dealer.

She learned the Kia had no warranty and that its title was "branded," the suit says.

According to the original petition, Montgomery alleges the vehicle's poor history was never disclosed.

"Because of the prior history of the car, the plaintiff is very reasonably afraid to drive the vehicle she purchased," the suit says.

Montgomery seeks at least $20,000 in attorney's fees.

Attorney Kenneth C. Kaye of League City is representing the plaintiff.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-1696

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