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LOUISIANA RECORD

Thursday, October 31, 2024

Louisiana Construction Company Sues Equipment Manufacturers Over Defective Excavators

Federal Court
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A Louisiana construction company and its owner have filed a lawsuit against two major equipment manufacturers, alleging that the excavators they purchased were defective and unfit for use in their business operations. On October 22, 2024, Brandon Dubois and Industrial Concrete Products, LLC filed a complaint in the United States District Court for the Western District of Louisiana against Doosan Bobcat North America, Inc. and Lionsquare Equipment, Inc.

The plaintiffs claim that they purchased a new 2024 Bobcat E88 Mini Excavator from Lionsquare Equipment on May 16, 2024, intending to use it for construction projects in Rapides Parish and surrounding areas. The excavator was bought for over $145,000 but soon exhibited numerous defects. According to the complaint, these defects included a malfunctioning air conditioner and backup camera within just five days of purchase. Additionally, the cab began leaking water during rainstorms, further exacerbating the machine's issues. Despite multiple repair attempts by authorized service dealers like Lionsquare Equipment and meetings with Bobcat representatives, the problems persisted.

Dubois alleges that both defendants failed to honor implied warranties against hidden defects as required under Louisiana law. The plaintiffs assert that "the Bobcats were manufactured with some physical imperfection or deformity," rendering them unsuitable for use in hot climates like Louisiana's. They argue that these defects substantially impaired the excavator's value and safety.

In their legal filing, Dubois and his company accuse Doosan Bobcat North America of knowing about these defects before selling the equipment but failing to disclose them. They also hold Lionsquare Equipment accountable for negligent repairs that did not resolve the issues despite repeated attempts.

The plaintiffs are seeking various forms of relief from the court: rescission of the sale contract; reimbursement for all associated costs such as finance charges and insurance premiums; compensation for lost profits due to downtime caused by defective machinery; attorney fees; expert witness fees; court costs; interest on damages awarded from either date of sale or judgment until paid off completely—and any other relief deemed appropriate by this honorable court.

Represented by attorney Fred A. Pharis from Pharis Law Offices located at 831 DeSoto Street in Alexandria LA., Dubois hopes his case will result in fair compensation while holding both companies accountable under applicable laws regarding product liability claims involving heavy machinery used commercially across different industries nationwide today!

Judge presiding over this matter is yet unknown as proceedings continue unfolding under Case ID #1:24-cv-01457.

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