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LOUISIANA RECORD

Thursday, March 28, 2024

Consumer claims Volvo is defective, seeks rescission of sales contract

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LAFAYETTE – An Alexandria woman alleges the Volvo she purchased has defects.

Gwendolyn Desoto Tosspon filed a complaint on Feb. 15 in the U.S. District Court for the Western District of Louisiana against Volvo Cars of North America LLC citing Louisianan Redhibition Laws, the Unfair Trade and Consumer Protection Law and other counts.

According to the complaint, the plaintiff alleges that on Feb. 27, 2016, she purchased a new 2016 Volvo, Model XC90AWD for $59,109.45. When delivered, the Volvo allegedly was defective in materials and workmanship and that the defects substantially impaired its use, value and safety. The plaintiff holds Volvo Cars of North America LLC responsible because the defendant allegedly failed to perform the repair work in a good and workmanlike manner so as to bring it in conformity with its warranties and failed and refused to buy back plaintiff's’ defective vehicle.

The plaintiff requests a trial by jury and seeks rescission of the sales contract and return of the purchase price, award for incidental and consequential damages, diminution in value, pre- and post-judgment interest, attorney’s fees, costs of suit and all other relief the court deems appropriate. She is represented by Fred A. Pharis of Pharis Law Offices in Alexandria.

U.S. District Court for the Western District of Louisiana Case number 1:17-cv-00273

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