Galveston man says Toyota truck was defective

John Suayan, Galveston Bureau May 31, 2011, 4:00am

GALVESTON – Galveston resident Mark Edinburgh claims Toyota Motor Sales U.S.A. Inc. and Benson-Sabin Partners Ltd. sold him a defective pickup truck more than two years ago, recent court documents say.

A lawsuit filed May 17 in Galveston County District Court shows Edinburgh purchased a 2008 Toyota Tundra from Star Toyota in League City on Dec. 8, 2008, for approximately $35,300 only to experience numerous problems with the vehicle.

The suit says the Tundra has encountered an excessive number of defects, including but not limited to interior trim, cabin noise, rear end noise and the differential carrier assembly.

"The vehicle has been in the shop at least eight times for repairs and spent in excess of 20 days in the shop," the original petition states. "The vehicle still has defects."

The suit additionally argues that "the limited remedies in the manufacturer's warranties failed of its essential purpose and deprived the plaintiff of the substantial value of the bargain because the defendants failed to correct the defects within a reasonable amount of time."

Edinburgh insists he has performed all things agreed to and required of them under the purchase agreement and warranty.

He consequently sues for lost of use, cost of repair and out-of-pocket expenses and attorney's fees.

Attorney Craig M. Patrick of Dallas is representing the plaintiff, and Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 11-cv-0798

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