[// GUIDANCE: This template is drafted for use in an automobile “lemon law” action filed in a Kentucky Circuit Court under KRS 367.840 et seq. and the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310). All bracketed items must be completed or revised by counsel prior to filing. Verify all factual allegations, warranty terms, and procedural particulars for the specific case.]
TABLE OF CONTENTS
- Document Header (Caption)
- Defined Terms
- Jurisdiction & Venue
- Parties
- Factual Allegations
- Causes of Action
6.1 Count I – Kentucky Lemon Law (KRS 367.840 et seq.)
6.2 Count II – Magnuson-Moss Warranty Act (15 U.S.C. § 2310)
6.3 Count III – Breach of Express Warranty
6.4 Count IV – Breach of Implied Warranty of Merchantability - Damages & Prayer for Relief
- Demand for Jury Trial
- Conditions Precedent
- Verification & Certification
- Service List / Summons Information
- Signature Block
- Notary Acknowledgment (Optional/If Verified)
1. DOCUMENT HEADER (CAPTION)
COMMONWEALTH OF KENTUCKY
[____] CIRCUIT COURT
[____] DIVISION
CIVIL ACTION NO. ___
| PLAINTIFF | v. | DEFENDANT |
|---|---|---|
| [PLAINTIFF NAME], | [DEFENDANT NAME], (Manufacturer) |
COMPLAINT AND DEMAND FOR JURY TRIAL
(Automobile “Lemon Law” – KRS 367.840 et seq. & 15 U.S.C. § 2310)
2. DEFINED TERMS
For ease of reference, the following terms, when capitalized herein, have the meanings set forth below:
- “Act” – Kentucky Motor Vehicle Warranty Act, KRS 367.840 et seq.
- “Arbitration Program” – Any manufacturer-sponsored dispute-resolution mechanism certified pursuant to 16 C.F.R. § 703.
- “Defendant” – [DEFENDANT NAME], including all parents, subsidiaries, and affiliates.
- “Nonconformity” – Any defect or condition that substantially impairs the use, value, or safety of the Vehicle.
- “Vehicle” – The [YEAR, MAKE, MODEL, VIN] purchased by Plaintiff on [DATE] for $[AMOUNT].
- “Warranty” – All written, express, and implied warranties issued by Defendant with respect to the Vehicle.
[// GUIDANCE: Add or delete defined terms to fit the facts. Cross-check for consistent capitalization.]
3. JURISDICTION & VENUE
3.1 This Court has subject-matter jurisdiction under KRS 23A.010 and KRS 367.844(1).
3.2 Venue is proper in this County pursuant to KRS 452.400 because Plaintiff resides here and the Vehicle was delivered, registered, and primarily used here.
3.3 The amount in controversy exceeds the jurisdictional minimum of this Court.
4. PARTIES
4.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [COUNTY], Kentucky, and the consumer-purchaser of the Vehicle.
4.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS] and is engaged in the business of manufacturing, distributing, and warranting motor vehicles in Kentucky.
5. FACTUAL ALLEGATIONS
5.1 On or about [DATE], Plaintiff purchased the Vehicle from [DEALERSHIP NAME], an authorized dealer of Defendant.
5.2 At the time of sale, Defendant issued the Warranty covering the Vehicle for [TERM/MILEAGE].
5.3 Within the first [TIME]/[MILEAGE], the Vehicle exhibited the following Nonconformities:
(a) [DESCRIPTION #1];
(b) [DESCRIPTION #2];
(c) [DESCRIPTION #3].
5.4 Plaintiff delivered the Vehicle to Defendant’s authorized repair facilities on at least four (4) separate occasions, or for a cumulative total of thirty (30) or more calendar days, to correct the Nonconformities, all within the earlier of twelve (12) months or 12,000 miles from the date of delivery, as required by KRS 367.842(1).
5.5 Despite Plaintiff’s compliance with all reasonable instructions, Defendant failed to repair or correct the Nonconformities.
5.6 Plaintiff provided written notice to Defendant pursuant to KRS 367.842(2) on [DATE], affording Defendant a final opportunity to cure.
5.7 Defendant (a) failed to conduct a final repair attempt within ten (10) business days, or (b) conducted such attempt but failed to remedy the Nonconformities.
5.8 Plaintiff attempted to resolve the dispute through Defendant’s Arbitration Program on [DATE] (Case No. [____]) and the Program (a) denied relief; (b) failed to decide within forty (40) days; or (c) is not certified under 16 C.F.R. § 703.
[// GUIDANCE: Select scenario (a), (b), or (c) or delete ¶5.8 if no arbitration was pursued.]
5.9 As a direct and proximate result, the Vehicle remains out of service, unsafe, and of diminished value. Plaintiff has suffered damages including but not limited to loss of use, incidental and consequential expenses, and attorneys’ fees.
6. CAUSES OF ACTION
6.1 Count I – Violation of Kentucky Lemon Law (KRS 367.840 et seq.)
6.1.1 Plaintiff realleges ¶¶1–5.9.
6.1.2 Under KRS 367.842(3), Defendant is required to refund the full purchase price or replace the Vehicle with a comparable new vehicle when a Nonconformity persists after a reasonable number of repair attempts.
6.1.3 Defendant’s refusal to provide a refund or replacement constitutes a violation of the Act entitling Plaintiff to (a) replacement or refund, (b) incidental and consequential damages, and (c) reasonable attorney’s fees and costs under KRS 367.844(2).
6.2 Count II – Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d))
6.2.1 Plaintiff realleges ¶¶1–5.9.
6.2.2 Defendant’s failure to conform the Vehicle to the Warranty constitutes a breach enforceable under 15 U.S.C. § 2310(d)(1).
6.2.3 Plaintiff is entitled to economic damages, equitable relief, and attorney’s fees pursuant to 15 U.S.C. § 2310(d)(2).
6.3 Count III – Breach of Express Warranty (KRS 355.2-313)
6.3.1 Defendant’s affirmations of fact and written warranties became part of the basis of the bargain.
6.3.2 Defendant’s failure to repair or replace the Vehicle constitutes breach.
6.4 Count IV – Breach of Implied Warranty of Merchantability (KRS 355.2-314)
6.4.1 The Vehicle is unfit for ordinary driving purposes due to the Nonconformities.
7. DAMAGES & PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:
a. Replacement of the Vehicle with a new, comparable vehicle, or, in the alternative, refund of the full contract price including taxes, fees, and finance charges, pursuant to KRS 367.842(3);
b. Incidental and consequential damages, not to exceed the purchase price of the Vehicle, consistent with the liability cap set forth in the metadata;
c. Reasonable attorney’s fees, expert fees, and costs as allowed by KRS 367.844(2) and 15 U.S.C. § 2310(d)(2);
d. Pre- and post-judgment interest at the maximum rate permitted by law;
e. Such further legal and equitable relief, including injunctive relief, as the Court deems just and proper.
8. DEMAND FOR JURY TRIAL
Pursuant to Section 7 of the Kentucky Constitution and CR 38, Plaintiff demands a trial by jury on all issues so triable.
9. CONDITIONS PRECEDENT
All conditions precedent to the maintenance of this action, including statutory notice and participation in any certified Arbitration Program, have been performed, have occurred, or have been waived.
10. VERIFICATION & CERTIFICATION
[PLAINTIFF NAME], being duly sworn, verifies that the allegations in this Complaint are true and correct to the best of Plaintiff’s knowledge, information, and belief, formed after reasonable inquiry, and that this pleading is not interposed for any improper purpose. See CR 11.
[// GUIDANCE: Kentucky requires a verified complaint only if statutorily mandated or strategic. Delete or adapt §10 as needed.]
11. SERVICE LIST / SUMMONS INFORMATION
Please issue summons for:
[DEFENDANT NAME]
c/o [REGISTERED AGENT NAME & ADDRESS]
12. SIGNATURE BLOCK
Respectfully submitted,
text
[ATTORNEY NAME] (Bar No. [_____])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] • [EMAIL]
Counsel for Plaintiff
13. NOTARY ACKNOWLEDGMENT (IF VERIFIED)
Subscribed and sworn before me on this ___ day of ____, 20__, by [PLAINTIFF NAME].
Notary Public, State at Large, Kentucky
My commission expires: _______
[// GUIDANCE: Prior to filing, complete all placeholders, attach any required exhibits (e.g., sales contract, repair orders, arbitration decision), and ensure compliance with local rules regarding formatting, page limits, and electronic filing. Review any arbitration-program requirements to preserve attorney-fee eligibility under Magnuson-Moss.]