NEW ORLEANS — A Louisiana customer is suing an automaker, alleging breach of implied warranty of merchantability.
Donald O'Rourke filed a lawsuit Aug. 26 in U.S. District Court for the Eastern District of Louisiana against FCA US LLC, alleging violation of the Louisiana Rehabilitation Law.
According to the complaint, on Jan. 22, O'Rourke purchased from FCA US a new Dodge Ram 1500 with a sale price of $53,230. When delivered, the suit says, the vehicle was defective in materials and workmanship with the defects being discovered within the warranty periods.
The lawsuit states these defects substantially impaired the car's use, value and safety, caused O'Rourke to suffer diminution of the vehicle's value, repeated repair expenses, loss of wages and loss of use.
The plaintiff alleges FCA US failed to perform the repair work in a good and workmanlike manner and refused to buy back the defective RAM 1500.
O'Rourke seeks trial by jury, special and actual damages, rescission of the sales contract, out-of-pocket damages, economic losses, attorney fees and all other relief the court deems appropriate. He is represented by attorney Richard C. Dalton of Mandeville.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14150