Dodge dealer sued over alleged breach of warranty

By Louisiana Record reports | Mar 31, 2015

GRETNA – A local car dealer and repair shop is being sued by a man who claims the warranty on his truck was improperly voided, resulting in him paying for thousands of dollars in repairs that should have been covered.

James Owens filed suit against Bergeron Motors Inc. and FCA US LLC in the 24th Judicial District Court on Feb. 12.

Owens contends that on Aug. 16, 2007 he purchased a 2007 Dodge Ram 1500 truck from Metairie Dodge which included a lifetime warranty on the vehicle’s power train. The plaintiff asserts that in November 2013 he brought the truck into Bergeron Motors Inc. to be serviced, and it was determined the transmission assembly, which was part of the power train, needed to be replaced at a cost of $4,974. Owens claims again in December 2013 he had the truck serviced by Bergeron Motors Inc. which replaced pinion gear bearings, which are also purported to be part of the power train, for a cost of $1,260.38.

The plaintiff asserts that after both repairs he requested warranty coverage from the defendant, but was denied because he allegedly breached a clause in the warranty contract by not having the vehicle inspected on its five year anniversary. However, Owens alleges he was never provided any documentation regarding the five year inspection requirement and in addition that the inspection requirement is arbitrary and meant to avoid obligations to provide repairs under the warranty. Further, the plaintiff claims his warranty was reinstated after he complained to the defendant, but was only valid for the time period before and after the repairs were made.

The defendant is accused of breach of warranty and violation of state and federal laws.

Damages in the amount of $6,234.38, the repair cost, is sought by the plaintiff.

Owens is represented by attorney Perry W. Manning Sr. of Metairie.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 746-763.

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