Class action claims Viking appliances were falsely marked top of the line

Michelle Keahey Jun. 19, 2012, 11:00am

NEW ORLEANS - A recently filed federal class action claims that all Viking commercial kitchen appliances have been falsely marked top of the line appliances, but were all prone to frequent breakage and malfunctions.

Catherine Duvio, A.J. Duvio, and Martin Family Limited Partnership filed suit against Viking Range Corp. Inc., Hadco Cooking Systems Inc. and Hadco Cooking Systems on April 18 in St. Bernard Parish District Court. The defendants removed the case to federal court in New Orleans on June 4.

The plaintiffs purchased kitchen appliances from defendants that were marked "top of the line" commercial and professional grade products.

The products include dishwashers, refrigerators, stoves, ovens, outdoor grills, food preparation surfaces and microwave ovens.

These products have uniformly failed to meet the reasonable expectations of the average consumer, failed to perform in a reasonable fashion, prone to frequent breakage, and have a "dramatic, unreasonable and unprecedented number of malfunctions, non-performance," the suit claims.

The lawsuit states that the products' malfunctions have resulted in extensive repair costs, loss of use, inconvenience and time-consuming repair calls.

Defendant Hadcos is the sole suppliers of replacement parts for Viking brand appliances. Viking and Hadcos are accused of creating a monopolistic scheme whereby it profits from the faulty design and manufacture of the products.

The plaintiffs argue that the replacement parts for the kitchen appliances are equally as faulty and defective.

The defendants are accused of breach of implied warranty of merchantability, rehibition, unfair trade practices, unfair consumer practices, misrepresentation, detrimental reliance and breach of contract.

On behalf of the proposed class, the lawsuit is asking the court for a refund of the purchase price of each and every product that is the subject of the lawsuit, economic and compensatory damages, treble damages, punitive damages, interest, attorney's fees and court costs.

The plaintiffs are represented by New Orleans attorney F. Gerald Maples.

U.S. District Judge Jay C. Zainey is assigned to the case.

Case No. 2:12-cv-01430

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