HILLSBOROUGH COUNTY, Fla. – A Hillsborough County resident has filed a lawsuit against General Motors, LLC (GM), alleging breaches of express and implied warranties, as well as seeking revocation of acceptance under the Magnuson Moss Warranty Act.
The complaint, filed in the Circuit Court of the Thirteenth Judicial Circuit, centers around defects in a 2022 Cadillac Escalade purchased by Zucallo in May 2022.
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Francis Zucallo, represented by the Bolliger Law Group, alleges that the Cadillac Escalade, purchased new from Dimmitt Cadillac, an authorized GM dealership, exhibited significant and chronic defects shortly after delivery.
The lawsuit claims that despite multiple repair attempts, GM and the dealership failed to address the defects adequately, rendering the vehicle unfit for its intended purpose.
The complaint outlines that the Escalade was covered under GM’s bumper-to-bumper warranty, which promised freedom from defects in materials and workmanship. Zucallo asserts that the warranty has failed its essential purpose, as the defects remain unresolved.
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The lawsuit details several grievances, including:
- Breach of Express Warranty: The plaintiff alleges GM failed to uphold its written warranty by selling a vehicle with inherent defects and failing to repair them within a reasonable timeframe.
- Breach of Implied Warranty: Zucallo claims the vehicle was not fit for its ordinary purpose of safe and reliable transportation, a violation of implied warranty protections under Florida law and the Magnuson Moss Warranty Act.
- Revocation of Acceptance: The plaintiff argues that the defects substantially impaired the vehicle’s value and usability, justifying a refund of the purchase price and cancellation of the retail installment contract.
Zucallo seeks the following relief:
- Refund of the vehicle’s purchase price and cancellation of the retail installment contract.
- Compensation for incidental, consequential, and actual damages incurred due to the defective vehicle.
- An award for attorney’s fees, costs, and interest as provided under the Magnuson Moss Warranty Act.
- A declaration of revocation of acceptance for the vehicle.
General Motors has not yet commented on the lawsuit. The case is expected to proceed in Hillsborough County Circuit Court, where Zucallo has demanded a jury trial.
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