NEW ORLEANS – An owner of a 2015 GMC Sierra is suing GMC, alleging his vehicle is still defective despite numerous repair attempts.
John W. Darby filed a lawsuit March 23 in U.S. District Court for the Eastern District of Louisiana against General Motors LLC, Courtesy Automotive Group, and Americredit Financial Services Inc, alleging violations of the Louisiana Redhibition Laws, violation of the Magnuson-Moss Warranty Act and negligence.
According to the complaint, on Feb. 26, Darby purchased the 2015 Sierra from Courtesy Automotive in Baton Rouge for $43,284 with a $4,000 down payment and a total cost amounting to $50,000 after inclusion of a finance charge.
The suit says the vehicle had a warranty which covered any malfunction during its specific warranty period that resulted from a defect in material or workmanship. The complaint says Darby discovered defects on the vehicle which included the tire, pinion and ring gear, interior cosmetics and exterior cosmetics. He says he brought the vehicle to authorized service dealers for repairs on numerous occasions and, despite the many attempts, the defendants failed to repair the vehicle to bring it to conformity standards.
The plaintiff alleges the vehicle is still defective and that it is now substantially impaired in use and safety. Darby, the suit says, has requested a recession of the sale of the vehicle but the defendants refuse to buy it back. The plaintiff says the defendants' actions have violated the aforementioned laws and regulations.
Darby seeks a jury trial, general, special and actual damages, a rescinding of the sale of the 2015 GMC Sierra, incidental and consequential damages, out of pocket damages, any diminution in the value of vehicle attributed to the defects, past and future economic losses, interests, attorney fees, cost of the suit and any other relief deemed appropriate. He is represented by attorney Richard C. Dalton of Mandeville.
U.S. District Court Eastern District of Louisiana Case number 2:16-cv-02438-SM-KWR