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Plaintiff alleges General Motors' failure to honor warranty obligations over defective truck

LOUISIANA RECORD

Thursday, December 26, 2024

Plaintiff alleges General Motors' failure to honor warranty obligations over defective truck

Federal Court
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U.S. District Court for the Western District of Louisiana | Official website

A Louisiana resident has taken legal action against a major automobile manufacturer for failing to repair his vehicle, leaving him without its use for months. James Morell Smith filed a complaint on December 19, 2024, in the United States District Court for the Western District of Louisiana against General Motors LLC. The lawsuit claims that GM's inability to provide necessary parts for Smith's 2023 GMC Sierra 1500 pickup truck has rendered it unusable and deprived him of his investment's value.

According to the court documents, Smith purchased the new vehicle from Ross Downing Buick GMC Cadillac in Hammond, Louisiana, on February 17, 2023. He relied on GM’s representations and warranties that assured the vehicle was free of defects and covered under a new vehicle warranty. However, within the warranty period, a defect in the engine coolant control valve positioning sensor caused a check engine light to illuminate. Despite reporting this issue promptly to Walker GMC in Alexandria, Louisiana—an authorized GM repair facility—the necessary part has been on backorder since September 2024.

Smith accuses General Motors of breaching express warranties by failing to repair or replace defective parts within a reasonable time frame as promised. He argues that this breach has resulted in economic losses including monthly loan payments and insurance costs while being unable to use his truck. Furthermore, he claims violations under Louisiana Redhibition Laws due to hidden defects existing at the time of sale which substantially impaired the vehicle’s use and value.

The plaintiff is seeking several forms of relief from the court. These include rescission of the sale contract with a full refund or replacement of the vehicle; compensation for all actual damages such as lost use and related expenses; attorney fees; and any other appropriate relief deemed by the court. Additionally, Smith seeks damages under federal law citing violations of the Magnuson-Moss Warranty Act.

Represented by attorney Fred A. Pharis from Pharis Law Offices based in Alexandria, LA., Smith aims to hold General Motors accountable for their alleged failure to honor warranty commitments. The case is identified as Case No: 1:24-cv-01771 with no judge currently listed.

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