IN THE COUNTY COURT IN AND FOR MANATEE, COUNTY Linda C. Gallen & Thomas M.
Gallen Plaintiffs, CASE NO: 2017-SC-224 Vs. LG Electronics U.S.A. INC. Defendant, COMPLAINT FOR LESS THAT $2,500.00 Plaintiffs, Linda C.
Gallen and Thomas M. Gallen, sue the Defendant, LG Electronics, U.S.A. INC., alleging as follows: 1.Plaintiffs are residents of Manatee County, Florida and purchased a LG 18,000bty Heat/Cool w/ Remote product from Defendant on October 9, 2015 through its distributer Air America (AA). The product was installed on said date at Plaintiffs rental property, 4906 20th St West, Bradenton, Florida.
2. Defendant is a foreign corporation authorized and doing business in the State of Florida, designating The Prentice-Hall Corporation System, Inc. 1201 Hays Street, Tallahassee, Fl 32301 as its current registered agent. 3.
Plaintiffs are the original retail purchasers of the product that came with Defendant’s one (1)-year warranty from the date of purchase. A copy of the warranty is attached as Exhibit “A”. AA noticed Defendant on October 4, 2016 that the product ceased working. AA determined in August 2016 the product was not properly working and provided maintenance costing Plaintiffs $801.00.
The warranty provides that Defendant will, at the products in-home location, at its option, repair or replace the product. 4. The Defendant breached its written warranty contract by failing to provide in-home service as warranted after repeated calls by AA. When it was apparent Defendant was not going to repair or replace the product after two (2) weeks, to avoid loosing a tenant Plaintiff purchased and had installed a replacement AC Unit to the property.
5. AA stored the product at its facility in Holmes Beach, Fl., for three (3) months, continuing to communicate with Defendants who refused, at its option to repair or replace the product. In December 2016 AA relocated the product to Plaintiff’s garage. 6.
Plaintiff notified Defendant of the products relocation and Defendant agreed to send a technician to repair or replace the product. Defendants’ technician arrived at Plaintiffs garage on January 4, 2017 but was unable to examine the product, as he did not have a 220V cable to connect to Plaintiff 220V outlet, or a 220V generator. Plaintiffs suggested that Defendants take the product to its facility to decide at its option of repairing or replacing the product but Defendant representatives said that was not their policy. 7.
Plaintiff’s subsequently made numerous attempts, verbally and in writing, with Defendant’s customer service to repair or replace the product. 8. Plaintiff’s have given the Defendant a reasonable opportunity to cure the product defect and comply with its written warranty. Plaintiff is entitled to attorney fees pursuant to Florida Statute 57.105.
Wherefore, as a direct and proximate result of Defendant's failure to comply with its written warranty, Plaintiff has suffered damages and seeks Judgment against the Defendant in the amount of $2093.25, plus costs and attorney fees. Linda C. Gallen and Thomas M. Gallen, after being first duly sworn, allege that the above allegations are true to the best of their knowledge and belief.
Dated this ________day of January 2017. _____________________ -------------------------------- Linda C. Gallen Thomas M.
Gallen 8720 11th Ave NW 8720 11th Ave NW Bradenton, FL 34209 Bradenton, FL 34209 email@example.com firstname.lastname@example.org 941 792 1670 941 792 1670 Attorney FBN 27440 Sworn to a subscribed before me this ____day of January 2017 who identified them by presentation of a Florida Drivers License. _________________________ Notary Public
Review about: Lg Electronics Air Conditioner.
Reason of review: Warranty issue.