ALEXANDRA – An Alexandria consumer alleges that a BMW she purchased was defective.
Janet Ducote Clark filed a complaint on Nov. 30 in the U.S. District Court for the Western District of Louisiana against BMW of North America LLC and Walker BMW alleging that they violated the Magnuson Moss Warranty Act and other counts.
According to the complaint, the plaintiff alleges that on June 25, 2013, she purchased a new 2013 BMW 650 ICP for $104,287.68. When delivered, she alleges she discovered that the BMW was defective in materials and workmanship, which substantially impaired its use, value and safety. The plaintiff holds BMW of North America LLC and Walker BMW responsible because the defendants allegedly failed to perform the repair work in a good and workmanlike manner so as to bring it into conformity with the warranties.
The plaintiff requests a trial by jury and seeks the remedy of rescission of the sales contract, revocation of her acceptance of the BMW, award for incidental and consequential damages, diminution in value, pre- and post-judgment interest, litigation expenses and all other relief. She is represented by Fred A. Pharis of Pharis Law Offices in Alexandria.
U.S. District Court for the Western District of Louisiana Case number 1:16-cv-01657