SHERMAN — A Texas woman is suing an automobile manufacturer, alleging breach of implied and express warranties.
Anita Kennedy filed a lawsuit Oct. 5 in the Sherman Division of the Eastern District of Texas against Dutchmen Manufacturing Inc. alleging violation of the Texas Deceptive Trade Practices Act.
According to the complaint, on Jan. 21, Kennedy purchased a new 2016 Dutchmen Denali for personal use for $43,154.94, with finance charges pushing the price to more than $75,000.. When delivered, the suit says, the vehicle was defective in materials and workmanship, which substantially impaired its use, safety and value.
The plaintiff alleges Dutchmen Manufacturing failed to repair the vehicle so as to bring it into conformity with the warranties and refused to buy back Kennedy's defective vehicle.
Kennedy seeks trial by jury, judgment for rescission of the sale of the 2016 Dutchmen Denali and returning to the plaintiff the purchase price and other expenses, incidental and consequential damages, pre- and post-judgment interest and all other appropriate relief. She is represented by attorney Richard C. Dalton of Mandeville, Louisiana.
Sherman District of the Eastern District of Texas Case number 4:16-cv-00765