NEW ORLEANS – A consumer is seeking the rescission of a sales contract for a recreational vehicle he alleges has defects.
Robert Toups filed a complaint on Jan. 10 in the U.S. District Court for the Eastern District of Louisiana against Heartland Recreational Vehicles LLC and Dixie Motors LLC alleging that they failed to comply with the provisions of the Magnuson-Moss Warranty Act.
According to the complaint, the plaintiff alleges that on Feb. 28, 2016, he purchased a new 2016 Fleetwood Pace Arrow 38K from defendant Dixie RV. After purchase, the vehicle allegedly was defective in materials and workmanship and that such defect substantially impaired its use, value and safety. Plaintiff alleges he has been damaged in an amount of more than $350,000.
The plaintiff holds Heartland Recreational Vehicles LLC and Dixie Motors LLC responsible because the defendants allegedly failed to repair the vehicle in a good and workmanlike manner so as to bring it into conformity with the warranties and failed and refused to buy back defective vehicle.
The plaintiff requests a trial by jury and seeks rescission of the sale and the return of the purchase price, award for incidental and consequential damages, diminution in value, economic losses, litigation expenses and all other relief as the court deems appropriate. He is represented by Richard C. Dalton of Richard C. Dalton LLC in Mandeville.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-00267