SACRAMENTO — A consumer claims a used vehicle he purchased actually was a rental car, a detail allegedly undisclosed to him by the dealership. He also claims the vehicle has a faulty design. 

Kevin Carswell filed a complaint on Aug. 25 in U.S. District Court for the Eastern District of California against Ford Motor Company, Red Bluff Auto Center Inc., doing business as Red Bluff Chrysler Dodge Jeep Ram, and Does 1-30, alleging that they failed to disclose to the plaintiff that the vehicle he purchased had been used as a rental vehicle and breach of warranty.

According to the complaint, the plaintiff alleges that in February 2015, he purchased a Ford Fiesta that was previously used as a rental vehicle and experienced several problems with shifting the vehicle. The plaintiff holds Ford Motor Company, Red Bluff Auto Center and Does 1-30 responsible because the defendants allegedly failed to disclose the vehicle's history to the plaintiff prior to sale while defendant Ford failed to offer proper compensation to the plaintiff despite clearly showing that the vehicle was allegedly a "lemon car."

The plaintiff requests a trial by jury and seeks general damages, incidental and consequential damages, restitution and rescission of the purchase agreement, punitive and statutory damages, equitable and injunctive relief, interest, all legal fees and any other relief as the court deems appropriate. He is represented by Hallen D. Rosner and Michael A. Klitzke of Rosner, Barry & Babbitt LLP in San Diego.

U.S. District Court for the Eastern District of California case number 2:16-cv-02028-TLN-AC

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