Andrey Burin Jul. 29, 2015, 8:11am


NEW ORLEANS — The owner of a taxi service is suing a Dodge dealership claiming he agreed to purchase a van from the defendant, but the defendant breached the contract.

Vincent Rizzuto, individually and on behalf of St. Bernard Taxi Service filed suit against Premier Chrysler Jeep Dodge and Troy Duhon in the Orleans Parish Civil District Court on June 4.

The plaintiff states that on Nov. 11, 2014, he agreed to purchase a 2015 Dodge Caravan for his taxi service from the defendant. Per the contract, the purchase agreement was to be null and void and the parties returned to their original positions if seller is unable to assign said contract within 25 days, the suit says. 

The plaintiff further claims that under additional terms and conditions, the contract holds that in the event of a financial refusal, the buyer is to return the vehicle—or pay off balance to seller and seller shall pay back the deposit in full. 

According to the suit, the seller applied for a loan on Nov.11, 2014 which was denied. But the seller persisted in making unauthorized loan application on behalf of the plaintiff to various financial institutions well after the 25 days allowed by contract, which were denied. 

Rizzuto has attempted to return the vehicle to the dealership only to be denied, and he states that he is now being contacted by various finance agencies regarding the purchase/loan. He says that Chrysler Capital has sent invoices and threats to repossess the vehicle, and as a result of the breach of contract that he has sustained substantial losses including limiting his ability to operate his taxi services, impact on credit, lawyer's fees, mental anguish and aggravation.

The plaintiff is represented by Cullen A. Tonry and Micah R. Ince of Chalmette-based Tonry Law Firm.

This case has been assigned to Div. C Judge Sidney H. Cates IV.

Case no. 2015-05348.

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