BATON ROUGE – Two consumers allege a camper trailer they purchased has defects and that those defects have not been repaired.
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 Winnebago Industries Inc., McClain's RV Superstore North Dallas Inc. and Bank of America NA 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 Destination from defendant McClain's RV for a total cost of more than $150,000. When delivered, the plaintiffs allege the Destination was defective in materials and workmanship and that the defects substantially impaired its use, safety and value. The plaintiffs claim they have been damaged in excess of $136,180.80.
The plaintiffs hold Winnebago Industries Inc., McClain's RV Superstore North Dallas Inc. and Bank of America NA 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.
The plaintiffs request a trial by jury and seek rescission of the sales contract and returning to their purchase price; revocation of their acceptance; award for incidental, consequential and nonpecuniary 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