WINFIELD — A woman is suing Massimo Motor Sports for a vehicle she claims was defective.
Mary Kinser purchased a used 2021 Massimo T-Boss 750 for $13,568 from the defendant on Oct. 18, 2022, according to a complaint filed in Putnam Circuit Court.
Kinser claims the defendant issued her several warranties for the vehicle and after the purchase of the vehicle, she noticed serious non-conformities with the vehicle, including a water leak.
"However, as a result of the ineffective repair attempts for the non-conformities made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired in value, unable to be utilized for its intended purposes and is worthless to Plaintiff," the complaint states."
The plaintiff took the vehicle to the defendant on Oct. 25, 2022, but the vehicle has remained with the defendant since, according to the suit.
Kinser claims the defendant violated the Magnuson-Moss Warranty Improvement Act.
"Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle in the...express warranties, implied warranties and contracts," the complaint states.
The defendant's failure is a breach of its contractual and statutory obligations constituting a violation of the Magnuson-Moss Act.
Kinser claims that the defendant's warranty was not provided to her until after the vehicle was delivered, making any and all limitations, disclaimers and/or alternative dispute provisions ineffective for a failure of consideration.
The plaintiff is seeking compensatory damages and revocation of the contract, along with pre- and post-judgment interest. She is represented by Chad P. Doman of Kimmel & Silverman P.C. in Pittsburgh.
Putnam Circuit Court case number: 23-C-11
