SE Texas Record

Thursday, November 21, 2019

Customer alleges Navistar truck contained system prone to failures

Lawsuits

By Carrie Bradon | Jul 1, 2019

General court 10

TEXARKANA — A Texarkana woman is Navistar, alleging the dealer failed to disclose that the truck she bought contained a system that was prone to failures.

Brenda Graham filed a complaint June 25 in the Texarkana Division for the Eastern District of Texas against Navistar International Corporation and Navistar Inc., alleging breach of implied warranty, breach of implied covenant, negligent misrepresentation, fraudulent concealment and deceptive trade practices.

According to the complaint, when Graham purchased a 2011 Navistar truck, the defendant failed to disclose the presence of a problematic EGR system, which has been included in the defendant's trucks. The EGR system, the suit says, causes engine problems, including failures, and trucks that have the system installed in them are worth less than the price the plaintiff paid. 

The plaintiff alleges that the truck she purchased has suffered a number of failures due to the EGR system, including broken valves and coolant leaks, and that the failures have made the vehicle dangerous. The defendant, the suit says, has failed to properly repair the system or offered to replace the defective system, resulting in monetary damages to the plaintiff.

Graham seeks trial by jury, relief of not less than $500,000, consequential and incidental damages, punitive damages, treble or statutory damages, attorney fees, litigation expenses and court costs, and all proper and just relief. He is represented by attorneys Bruce W. Akerly and Michael D. Gorman of Akerly Law PLLC in Coppell.

Texarkana Division for the Eastern District of Texas case number 5:19-CV-00083

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