NEW ORLEANS – Two Louisiana residents are suing a vehicle manufacturer, an auto dealership and a finance company over claims their newly purchased vehicle was defective.
Koy Fagan and Karlanda Fagan filed a lawsuit March 9 in U.S. District Court for the Eastern District of Louisiana against General Motors LLC, Rainbow Chevrolet LCC and Capital One Auto Finance Inc., alleging violations of Louisiana redhibition laws, lender liability, violation of the Magnuson-Moss Warranty Act and negligent repair.
The suit states that on Feb. 7, 2015, the plaintiffs purchased a new 2015 Chevrolet Camaro from Rainbow Chevrolet. The vehicle's total cost, including finance charges, is more than $50,000.
When delivered, the Camaro was allegedly defective in materials and workmanship, including defects in the engine, air conditioning system and heat ventilation, the suit states.
The plaintiffs returned the vehicle to be repaired under warranty, but the vehicle allegedly has still not been fully repaired.
The plaintiffs have also notified the defendants of the Camaro's defective conditions and requested a rescission of the sale, but the defendants have failed and refused to buy back the defective vehicle, the suit states.
The plaintiffs seek special and actual damages, rescinding of the sale of the Camaro, return of the purchase price and all related charges, incidental and consequential damages, out-of-pocket damages, past and future economic losses, interests, attorney fees and costs of the suit. They are represented by attorneys Richard C. Dalton and John D. Ray in Mandeville.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-01996-SM-JCW