RV was a lemon; Suit seeks refund and reimbursement for LSU game permit

Michelle Keahey Nov. 23, 2011, 6:40am

A New Orleans resident has filed a lawsuit against RV manufacturer claiming his RV is a lemon and wants reimbursement for the full purchases price and loss of use, including permit costs for LSU games.

VP, LLC filed suit against Newmar Corp. and Spartan Chassis Inc. on Nov. 11 in federal court in New Orleans.

Vincent Palumbo formed VP LLC in order to purchase the 2008 Newmar Essex Motor Home RV from North Trail RV Center in Fort Myers, Fla. in August 2009. The RV was taken to New Orleans where it has been maintained, repaired and housed through the present time with the exception of several short trips out of state and various trips primarily to Baton Rouge for football games, the lawsuit claims.

Palumbo states that since the initial trip from the Newmar dealership back to New Orleans, there have been significant problems with the operation of the Newmar RV, which created safety problems.

According to the lawsuit, Palumbo has repeatedly taken the RV to Dixie RV in Hammond to correct problems and has been told numerous times that the RV was repaired and ready to go. The RV has also been taken to an authorized Spartan Chassis dealership to address chassis problems.

In addition to chassis problems, the RV has experienced the following issues: ABS brake light malfunctions, numerous electrical malfunctions, poor air conditioning operation, leaking windshield, malfunctioning toilet system, electrical system malfunctions that have left the occupants stranded on multiple occasions and malfunctioning rear camera.

Palumbo states that he relied upon the advertising and representations of Newmar when purchasing the RV and had he known of the extensive problems, would not have purchased the Newmar RV.

Newmar and Spartan, Vincent Palumbo and VP, LLC initiated a voluntary mediation process under the Florida Lemon Law Statute in August of this year. The plaintiff states that it became obvious at the mediation that the defendants had no intention of trying to reasonably resolve the matter.

The plaintiff is asking the court for full reimbursement of damages incurred as a result of the problems and failures of the RV, including the return of full purchase price and all related purchase expenses, out of pocket expenses, loss of use expenses, including permit costs for LSU games, other economic damages and court costs.

VP is represented by George J. Nalley, Jr. and Dona J. Dew of Nalley and Dew in Metairie.

U.S. District Judge Nannette Jolivette Brown is assigned to the case.

Case No. 2:11-cv-02813

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