A Beaumont couple has filed a lawsuit against the manufacturer of their recreational vehicle, alleging the company refused to reimburse them more than $5,000 for costs they incurred when correcting a commonly occurring problem.
Evan Robert and Barbara Ann Hawes claim they paid $5,393.73 to repair a masonite leak and a hole in the slide out of their Excel Limited RV.
While the RV was in defendant Peterson Industries' repair facility, the plaintiff learned from repairmen that the problem frequently occurred in the trailers and that staff had informed management of the problem, but the problem had never been fixed, according to the complaint filed Aug. 5 in Jefferson County District Court.
"In fact, Plaintiffs were urged to go to the management office and complain of the defect while in Smith Center, Kansas," the suit states. "Plaintiffs discovered for the first time that this was a major defect on Excel Limited trailers and it had not been disclosed to them that this problem was endemic to the Excel Gooseneck trailers with slide out capabilities."
Immediately following the repair of their trailer, the Hawes wrote Peterson on Aug. 20, 2008; Sept. 18, 2008; and Oct. 24, 2008; complaining of the product defect and nondisclosure, the suit says.
On Oct. 29, 2008, Peterson denied the Hawes' request for reimbursement, they claim.
The Hawes allege violations of the Texas Deceptive Trade Practices Act, breach of warranty and breach of implied warranty against Peterson.
In their complaint, the Hawes seek actual and exemplary damages, plus pre- and post-judgment interest and other relief the court deems just.
Randall Hawes of Houston will be representing them.
The case has been assigned to Judge Gary Sanderson, 60th District Court.
Jefferson County District Court case number: B187-488.