Ice cream machine franchise sued for allegedly providing defective machines

Kyle Barnett Jun. 17, 2012, 5:13pm

NEW ORLEANS – A New Orleans franchisee is suing an ice cream machine manufacturer for allegedly providing him with defective soft-serve ice cream machines.

Yung Lau filed suit against Well Spring, Inc. in the Orleans Parish Central DIstrict Court on April 17.

Lau claims he was in the process of opening two Tutti Frutti franchises in New Orleans and Baton Rouge when he ordered 11 ice cream machines from the defendant for $119,000 in addition to a franchise fee of $45,000. The plaintiff claims soon after receiving the machines each one failed and has failed several times including the complete failure of the machines' compressors. Lau asserts he has fixed the machines each time they failed. but they have continued to break down on him repeatedly. The plaintiff claims he would have never began the franchises had he known the machines were of such poor quality.

The defendant is accused of redhibitory defects built onto the machines.

An unspecified amount in damages is sought for cost of the franchise licenses, cost of the machines, repair costs, operating costs, leaseholding improvements, cost associated equipment and fixtures, loss of value of plaintiff's company and lost revenue.

Lau is represented by Marcus L. Gusti of Metairie-based Hannan, Drake & Giusti.

The case has been assigned to Division L Judge Kern A. Reese.

Case number 2012-03758.

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