Carsick family battles dealer

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Carsick family battles dealer

Published Tuesday November 11th, 2008

A1 Tammy -Wallace

Telegraph-Journal

Daily Gleaner - Fredericton,New Brunswick,Canada

http://telegraphjournal.canadaeast.com/front/article/477204

Comment(s)SUSSEX - Most people love that new car smell, but a Sussex

family says the rancid odour that filled their noses every time they

buckled themselves into their new Kia made them dreadfully ill.

Enlarge Photo Tammy -Wallace/Telegraph-JournalThe Gray family

of Sussex suffered respiratory illnesses for two years after they

bought a 2006 Kia Spectra in Saint . For two years Crystal

McLaughlin-Gray, her husband Pat Gray and their two children battled

runny noses and shortness of breath. Their symptoms would settle,

then spike, forcing them into their doctor's office to renew

prescription after prescription for ailments such as lung infections

and pneumonia.

" Off and on the past two years you would think we were all dying. We

were running to doctors constantly, " McLaughlin-Gray said.

Doctors' reports prove the family members have been sick. An

independent lab study points directly to the family's 2006 Kia

Spectra.

The car is now sitting in the family's driveway, unuseable in the

Grays' opinion and continuing to rot on the inside. They are still

making monthly payments, even though the couple insists they will

never drive the car again.

Meanwhile, the dealership that sold them the car, Saint Kia

Motors, has declined to replace it.

McLaughlin-Gray says her children's health has been improving since

they have not been driving in the car. A pulmonary function test

done on her husband, Pat, on Oct. 22 shows the health of his lungs

is still be that of a 70 year old.

He is 35, a non-smoker, and has always been athletic. He was also

the main driver of the car.

He said over time he could see a pattern of difficulty breathing

after prolonged exposure.

" You never dream that your car, especially a new one, is making you

sick, " the mild-mannered heavy equipment operator said. " I'm

wondering if anyone from Saint Kia or Kia Canada would want

their wife and children in that car, because I certainly don't. "

A respiratory therapist and ear/nose/throat specialist have each

been involved in the family's care. While the respiratory therapist

is not pointing to any specific cause, the specialist said the

family was being poisoned, McLaughlin-Gray said.

Last summer, when the tether that holds five-year-old Marcus's

booster seat snapped, his parents started to dig deeper and found

the car was rotting from the inside out.

While the white interior of the car looked as it should, an

independent lab hired by the Grays showed three types of mould

eating away the trunk floor and beneath the back seats. The

Fredericton-based RPC labs, in its report of Sept. 23, revealed

prolonged water intrusion in the vehicle had caused moulds including

penicillium, mucor and trichoderma to grow. In the microbial

results' explanation, it outlined the moulds could cause the

symptoms the family was experiencing and recommended the carpeting

and seats be removed " as soon as possible. "

The family had the car towed to a Sussex dealership that found a

defect with the car's manufacturing. The striker plate located

around the trunk's lock is deficient and causes water to leak into

the trunk and seep under the car seats.

While the car is still covered by warranty and the family continues

to make its monthly payments, it sits locked in their Sussex

driveway.

McLaughlin-Gray has no intentions of her family ever stepping foot

in it again. Meanwhile, she bought a second-hand car to get around.

" People should not be in that vehicle, " the school guidance

counseller said.

In February 2006, the Grays bought their red Spectra from Saint

Kia but because of the distance had the car serviced in Sussex as

required to uphold its warranty.

They have the receipts to prove the work was done.

By May of that year, the smell inside was nauseating, McLaughlin-

Gray said. She first contacted Kia and was told Scotchgarding likely

caused the odour.

Not long afterward she took the new car to be professionally cleaned

inside and, still, the smell wouldn't go away.

The family suffered from 2006 until they made their disturbing

discoveries this summer.

In an email sent to McLaughlin-Gray on Sept. 10 by Corey Mac,

district parts and service manager for Kia Canada Inc., Mac

made what he called a " goodwill offering " for their troubles.

" Even though you have chosen to have your vehicle serviced

elsewhere, and you have not returned to Saint Kia since

purchasing the vehicle in 2006, Saint Kia is prepared to offer

dealer cost on all parts involved in the repair. This is a savings

of approximately $859, plus taxes to you, " he wrote.

Items listed included seat belts, buckles, a tube of seam sealer,

carpeting, detailing and cleaning.

" As well, as a gesture of goodwill Kia Canada is prepared to cover

50 per cent of the cost of the repair, and detailing; plus cover the

cost of the rental vehicle during the diagnosis phase of this case. "

As outlined in the email, the Gray's share of the replacement parts

and labour was more than $1,600 plus tax.

" Upon accepting this gesture Kia Canada would require that you sign

a release form removing any liability from Kia Canada or its

subsidiaries, " Mac's email read.

McLaughlin-Gray said once the family declined the offer, Mac

told them to remove the vehicle from Kia's Rothesay Avenue property,

which they finally did last week - mould and mildew intact.

The mom wanted the car to be replaced with another 2006 Spectra,

insisting she was uncomfortable with her family re-entering the car

that made them so sick.

The family's insurance provider won't cover the costs of repair

because the damage is not the direct cause of an " insured peril " .

Two weeks ago the Grays filed legal action against Saint Kia

and Kia Canada.

" We're still paying for a car that's just sitting there, " McLaughlin-

Gray said. " This has been a nightmare.

" I have two children involved here. I need to protect them. "

While Mac and Saint Kia manager Tom Cahill did not

respond to requests for an interview, in an emailed statement to the

Telegraph-Journal, Kia Canada's public relations manager Sixto

Fernandez said the company is taking the Gray's complaint seriously.

" Kia Canada prides itself on the quality of its vehicles and takes

any dissatisfaction with its products and every customer grievance

very seriously, " he wrote from his office in Ontario.

" In the instant case, I can advise that we are thoroughly

investigating the matter so that we may properly assess the

complaint. "

Until such time as we have completed our investigation, Kia Canada

declines to comment further on the cause of the mould allegedly

found in the vehicle or on what may be an appropriate resolution of

the matter. "