T Mobile store owners sue cell phone saleswoman, manufacturer over alleged defects in $56K shipment

By Louisiana Record reports | Aug 24, 2015

GRETNA – The owners of a chain of cell phones stores is suing a vendor for an allegedly defective shipment of cell phone they paid over $50,000 for.

Kaki and Son LLC, Morales Brothers LLC, 250 S. Broad Inc. and Lafamosa LLC filed suit against American Telephone Communications Inc., Marilyn Marshall Gordon a.k.a. Marilyn Jackson Marshall and their insurers in the 24th Judicial District Court on June 26.

Kaki and Torres claim they entered into a contract to purchase 200 Ameritel cell phones with one year warranties from Gordon worth $58,356 they were to sell at their retail outlets. The plaintiffs allege Gordon personally delivered the cell phones to their warehouse located at 2309 L&A Road in Metairie. Kaki and Torres contend they returned 44 of the cell phones delivered to them claiming they were the wrong models and that at least 20 of the cell phones came with European style plugs unsuitable for use in the United States.

In addition, the plaintiffs allege they believe several of the cell phones were refurbished rather than new as provided in the contract. Kaki and Torres assert the shipment was defective and they are not able to sell the cell phones and accessories they received.

The defendant is accused of failing to properly train employees, failing to maintain a checks and balances system, breach of contract, breach of warranty, negligence, breach of duty and violating the Louisiana Unfair Trade Practices and Consumer Protection Act.

An unspecified amount in damages is sought by the plaintiff.

The plaintiffs are represented by attorney Raymond C. Burkhart Jr. of Covington.

The case has been assigned to Division J Judge Stephen C. Grefer.

Case no. 751-021.

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