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SOUTHEAST TEXAS RECORD

Tuesday, April 23, 2024

Two consumers accuse hauler business of violating warranties

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HOUSTON — Two Texas women are suing the manufacturers of a hauler, alleging breach of implied and express warranties.

Carol Houp and Karen Rushing filed a complaint March 24, in the Houston Division of the Southern District of Texas against Jayco Inc. of Middlebury, Indiana, alleging violation of the Magnuson-Moss Warranty Act.

According to the complaint, on Sept. 8, 2015, Houp and Rushing purchased a new 2016 Jayco Seismic 4112 for more than $150,000. When delivered, the suit says, the Seismic hauler was defective in materials and workmanship, substantially impairing its use, value and safety. 

The plaintiffs allege Jayco failed to perform the repair work in a good and workmanlike manner so as to bring the vehicle in conformity with the warranties.

Houp and Rushing seek trial by jury, rescission of the sales contract and returning to the plaintiffs the purchase price and all other charges, interest, attorney fees, costs of suit and all other relief the court deems appropriate. They are represented by attorney Richard C. Dalton of Mandeville, Louisiana.

Houston Division of the Southern District of Texas Case number 4:17-cv-00918

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