Truck owner says warranty denied because dealership delayed inspection

Kelly Holleran Mar. 9, 2011, 5:00am

A Jefferson County company claims it has not been able to use a Ford truck since it broke down last year.

Nance International filed a lawsuit March 3 in Jefferson County District Court against Kinsel Motors and Ford Motor Co.

Nance claims it purchased a 2008 Ford F-350 diesel truck and an extended full-scale service plan from Kinsel Motors in Beaumont on Aug. 31, 2008.

On Feb. 17, 2010, the truck broke down while on a business delivery in Beaumont, according to the complaint. Nance arranged for the vehicle to be towed to Kinsel Motors, the suit states.

Once there, the defendants informed Nance the truck could not be inspected because they did not have proper personnel, the complaint says. In fact, the truck was not inspected until 37 days later, Nance claims.

"The defendants' failure to timely inspect the truck resulted in the defendants improperly denying Nance's warranty under the service plan and the delay exacerbated the truck's pre-existing inherent defects," the suit states. "The defendants denied Nance's warranty under the service plan based on a fuel sample taken from the truck. However, by waiting thirty-seven days to test the truck's fuel sample, the defendants obtained a tainted fuel sample that did not provide an accurate or credible basis for the defendants' warranty denial."

Since the defendants' refused to honor the warranty on the truck, the truck has been out of service for more than one year, according to the complaint.

In its complaint, Nance alleges violations of the Deceptive Trade Practices Act, breach of contract, breach of warranty, negligence and negligent misrepresentation against the defendants.

Nance seeks actual, expectancy and out-of-pocket damages; lost business profits; and costs of substitute performance. In addition, it seeks reliance damages, exemplary and treble damages, pre- and post-judgment interest, court costs, attorney's fees and other relief the court deems just.

Toby F. Nash and Frank T. Messina of Germer Gertz in Beaumont will be representing the plaintiff.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B189-531

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