Carsick family battles dealer

Published Tuesday November 11th, 2008
A1

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.

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Tammy Scott-Wallace/Telegraph-Journal
The Gray family of Sussex suffered respiratory illnesses for two years after they bought a 2006 Kia Spectra in Saint John.

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 John 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 John 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 John 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 MacDonald, district parts and service manager for Kia Canada Inc., MacDonald 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 John Kia since purchasing the vehicle in 2006, Saint John 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," MacDonald's email read.

McLaughlin-Gray said once the family declined the offer, MacDonald 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 John 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 MacDonald and Saint John 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."

 

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Comments (35)

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I am not against the family in this issue. And I hope everyone gets better soon. However, you need to be fair. The car was never taken to the dealership until the problem was severe and they offered to do sometihing to fix it. Why did you not let them. talking to them over the phone is not fair to say they were contacted. without seeing the car how could they fix it.

I am sure they would be reasonalble if you are. The ajustment to the latch could have been found by them earlier if they had seen it. Let them fix the vehicle which is their obligation and forget the legal crap. They don't owe you a different car. If you purchased anything else and used it for two years, no company would just outright replace it.
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confused smith, bathurst on 12/11/08 09:13:41 AM AST
that man's health is worth alot more than that piece of junk spectra. I would say their phone will be ringing off the wall from law firms. Real compensation needs to occur in this one, not pathetic cost sharing.
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Tim Horton, Fredericton on 12/11/08 10:06:01 AM AST
EB... before you start commenting on how smart people are or aren't, you should maybe check your grammar and spelling; otherwise, you just look like a hypocritical idiot.
And C Gray, if you took the car to the Dealership, why didn't you have them actually FIX it instead of just letting the water out. I agree with confused on this, they don't owe you a new car. In fact, if they offered to help you pay for it, YOU owe THEM for all the negativity your putting out there in their name. If the Dealership didn't care, they wouldn't offer to help you pay for it, they'd just tell you to suck it up and cut your losses.
Maybe if you stopped to look at the situation rationally, you would see that your arguments just don't make sense.
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Ashley Brooksbank, Summerside on 12/11/08 02:01:27 PM AST
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Nikki Moobak, Rothesay on 12/11/08 03:00:15 PM AST
Wow,I must assume that the people making all these negative comments either work for KIA, have friends or famliy who do or just really love KIA. I guess people are not really reading the story. It was not a dealership problem, the problem was when the car was manufactured at the car plant. So it was deffective, so it should be replaced, with no charge to the family. I would love for all those people who seem to be slamming the family, buy something that was broken, then take it backto where they got it, and agree to pay more than half the price to get it fixed. So either the dealership has been told by KIA to stall so that the family will go away, or they are really that stupid to believe that they are not at fault. My understanding is that the family is mad at they way they were treayted by the dealership. Their family is sick from mold that was not their fault. They should do what they can to make them whole again.
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shawn verner, quispamsis on 12/11/08 04:48:28 PM AST
I've been in the industry for a long time, and I've never heard anything this ridiculous. This family definatly deservs to have their car fixed for free, especially after how badly they're kids have been effected, but they don't deserve a whole new car. No car company will exchange a car if it can be fixed, no matter how bad your experience was. Fight to get it fixed, and I can see you winning, but if you push for a replacement car, you will probebly end up losing.
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Joel McMaster, wouldn't you like to know on 12/11/08 05:13:34 PM AST
I want to clarify for those who are genuinely concerned. Not that I need to clarify but lets stick to the facts! We have not driven the car for 2 months - not after a spot of mold was found. The mold ate its way through the materials and then and only then did we realize that we had a problem. We were informed by the lab to stay out of the car! The report read that all materials need to be stripped to the metal - no one has offered to do that. How confident would you be to put your family in a car that had a few replacements and some cleaning after having it tested.... Keep in mind this mold ate through a tire iron, metal, synthetic material... the mold consumed 25% of our car, right out from underneath us. As far as the rude and judgemental remarks - save it we all know those who try to hurt others are really just hurting themselves and need some sort of help. Get the help you need Life is too short to be nasty.
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c gray, sussex on 12/11/08 05:52:43 PM AST
This is not the fault of the couple who bought the car - they probably thought they were getting a good, economical, fuel efficient car.they should write or send this story to CBC for national coverage. There is a definate health risk here. Just because the car didn't go back to the dealer who sold it to them doesn't mean this problem is one they should be stuck with. This is a result of shoddy manufacturing - period. Where are these cars put together?
Perhaps their next car should be a domestic model - maybe it would america.be easier to repair & maintain - and it would help keep jobs in North
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n. nikiba, moncton on 12/11/08 10:20:56 PM AST
THE BEST OF LUCK TO YOUR FAMILY! I don't get all the rotten judgements on this comment board either. Would any of YOU trade your 35 year old lungs for that of a 70 year old for the sake of a new car??? Perhaps you would wager your children's health for a new car?? The facts are the family bought the car in good faith 2 years ago. Another dealership found a defect in the manufacturing, the Grays did nothing wrong the defect was in Kia's manufacturing. 3 types of mould have been found. They have reports to back up their claims. Who expects their car to get black mould??

Kia DESERVES any and all bad press they get out of this. I don't blame the family for not taking that lame-ass deal. Why let Kia off the hook when they could have health problems for years to come? Mr. Gray may never fully recover lung function and who knows what problems those children may have long term. $859 what a joke.
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G C., St. George on 12/11/08 10:24:09 PM AST
Plus the KIA dealership or whoever they answer to never offered to pay the full amount. They offered to pay a part, which is an insult. Again if you buy something and it is broken from the start, you should be able to have it replaced. This guy who has been the car business for so long, does not agree, so looks like his customer service skills are as weak as the folks at Saint John KIA. Why would anyone want to be in the same car that made you and your kids( Maybe the people on KIA's side don;t have kids, maybe then they would change their mind if it was their kids affected by this) sick, even if it was fixed? KIA and all those who agree with them on this are just clueless people.
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shawn verner, quispamsis on 13/11/08 12:18:26 AM AST
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