BATON ROUGE — Two consumers are suing Winnebago Industries Inc., McClain's RV Superstore North Dallas Inc. and Bank of America NA, citing alleged breach of implied and express warranties after claiming they bought a defective recreational vehicle.
Angela Gaye Smith and Shirley Ellen Morrow filed a complaint on March 2 in the U.S. District Court for the Middle District of Louisiana against the defendants alleging that they violated the Magnuson-Moss Warranty Act.
According to the complaint, the plaintiffs allege that, on Jan. 11, 2016, they purchased a new 2015 Winnebago from defendant McClain's RV for a total cost of over $150,000. When delivered, the Destination model was defective in materials and workmanship. Such defects substantially impaired its use, safety and value. Plaintiff has been damaged in excess of $136,180.80. The plaintiffs hold the defendants responsible because they allegedly failed to repair the vehicle in a good and workmanlike manner, so as to bring it into conformity with the warranties.
The plaintiffs request a trial by jury and seek rescission of the sales contract, revocation of their acceptance, award for incidental, consequential and non-pecuniary damages, economic losses, litigation expenses and all other relief the court deems appropriate. They are represented by Richard C. Dalton of Richard C. Dalton LLC in Mandeville.
U.S. District Court for the Middle District of Louisiana Case number 3:17-cv-00122