RV customer alleges defective vehicle, seeks rescission of sale

By The Louisiana Record | May 14, 2015


A Louisiana man is suing an RV manufacturer and lien holder for alleged product liability.

Carl G. Clostio filed suit against Forest River Inc. of Baton Rouge; SRVJH Inc. d/b/a Southern RV Inc. of Bossier City; and Marine One Acceptance Corp. (MOAC) of Baton Rouge, in the U.S. District Court of the Eastern District of Louisiana on April 30, citing breach of warranty in a May 2014 purchase.

According to the suit, Clostio bought a new recreational vehicle from Southern RV on May 23, 2014. The suit states that with the transfer of the sale contract, assigned to MOAC, came an implied warranty of merchantability.

The plaintiff alleges that the vehicle contained hidden defects in factory materials or workmanship at the time of sale which were not discovered until after the warranty coverage period expired. Specific issues concerned water leaks and damage to the RV when it was out of service and in the repair shop for an extended period of time.

Clostio argues that he afforded the defendants numerous opportunities to repair the vehicle without success.

When he attempted to obtain rescission, he claims the defendants refused to buy it back. He cites violation of trade laws, negligent repair and breach of warranty.

The plaintiff revokes his acceptance of the vehicle on the grounds of inherent defectiveness and seeks rescission of the sales contract; general, special and actual damages; pre- and post-judgment interest; attorney’s and expert witness fees, expenses and costs.

The plaintiff is represented by Richard Dalton of Mandeville.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-01413

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