Truck owner claims dealer failed to submit paid-for warranty

John Suayan, Galveston Bureau May 13, 2009, 3:46pm

GALVESTON � A San Antonio man claims a Dickinson automotive dealership group failed to present him with a warranty for his pickup truck after he paid for it at the time he purchased the vehicle.

In a deceptive trade lawsuit filed in Galveston County District Court on May 6, Rodolfo Ramirez explains that he bought a 2005 Dodge Ram 3500 and its accompanying warranty from Gillespie Group Inc. in March 2008 only to experience a breakdown five months later.

He claims he tried to use the warranty to no avail.

"Mr. Ramirez attempted to redeem his warranty to repair his vehicle, and it was then that Mr. Ramirez was informed that there was no warranty," the suit says.

The plaintiff, who works as an independent contractor for a delivery company that transports heavy machinery, insists that he exercised caution throughout the transaction and faults Gillespie for not immediately forwarding the paperwork to his insurance company.

"The contract was not relayed to the insurance carrier, therefore causing the warranty not to be valid or active at the time the vehicle broke down," the suit argues.

It adds the defendant supplied Ramirez false information as well as hired and retained incompetent personnel thus evoking the writ of respondeat superior.

The plaintiff alleges he suffered from mental distress and lost plenty of his earnings because of the ordeal.

Consequently, he seeks restitution for repairs and out-of-pocket expenses totaling $4,500 as well as a jury trial.

San Antonio attorney Luis De Los Santos Jr. is representing Ramirez, and the case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.

Case No. 09CV0674

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