HOUSTON – A consumer alleges heavy machinery he purchased does not have the horsepower specified.
Todd Pavlat filed a complaint on Dec. 12 in the Harris County District Court against Brookside Equipment Sales Inc. and Deere & Co. alleging violation of the Deceptive Trade Practices Act.
According to the complaint, the plaintiff alleges that on Dec. 19, 2017, he purchased a John Deere 333G Skid Track from Brookside. He alleges the machine only performs at a 90 horsepower level instead of the 110 horsepower specification listed in John Deere brochures. He also alleges it is unreliable and that he has "never obtained more than a few hours of work before it shuts down."
The plaintiff holds Brookside Equipment Sales Inc. and Deere & Co. responsible because the defendants allegedly violated the DTPA with the use of false, misleading or deceptive acts or practices by representing goods or services have characteristics they do not have.
The plaintiff seeks actual and statutory damages, with interest, costs, attorney's fees and such other and further relief to which he is justly entitled. He is represented by Mark L. Aschermann of Aschermann Law in Bellaire.
Harris County District Court case number 2018-88137