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SOUTHEAST TEXAS RECORD

Friday, November 22, 2024

Customer accuses vehicle manufacturer of design defect

Contract 04

HOUSTON — A Washington state customer is suing a vehicle manufacturer, alleging the selling of a defective motorhome to the plaintiff.

Kenneth Alan Wilkinson filed a lawsuit May 27 in the Houston Division of the Southern District of Texas against Thor Motor Coach Inc., Thor Industries Inc., and DeMontrond Auto Country, Inc., doing business as DeMontrond's Fun Country RV, alleging breach of implied warranty, breach of warranty, design defect, fraud, liability, negligent misrepresentation and product liability.

According to the complaint, on Dec. 30, 2014, Wilkinson purchased a new Chateau Super C Motorhome with a written express warranty. The suit says that upon receiving the unit, the plaintiff found the vehicle has multiple defects. 

The plaintiff alleges the defendants failed to provide a working unit to Wilkinson and failed to provide a replacement unit despite all the problems with the motorhome, including water leaks, a non-working air conditioning unit, the hot water did not work and unsafe tire pressure.

Wilkinson seeks a trial by jury, economic and actual damages, additional and treble damages, incidental and consequential damages, rescinding the sale of the motorhome and giving plaintiff a refund for all expenses, interest, all legal fees and any other relief the court deems just. He is represented by attorney Whitney Broadwater of Naman, Howell, Smith & Lee PLLC in Austin.

Houston Division of the Southern District of Texas Case number 4:16-cv-01510

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