Kelly Holleran Dec. 2, 2013, 3:03pm

A construction company has filed suit against the company that sold it an excavator, alleging it unknowingly purchased an older, used vehicle that had damage to electrical wires after being told the excavator was a new model.

Jerry White Construction and Equipment alleges it bought a Doosan DX300 Long Reach Excavator on Sept. 20, 2010, for $184,655. At the time of the sale, defendant Machine Maintenance represented that the machine was a new 2008 model that came with a full manufacturer’s warranty, according to the complaint filed Nov. 8 in St. Clair County Circuit Court.

When it went to pick up the excavator, Jerry White Construction discovered mice had damaged insulation padding on the doors of the excavator, the suit states. Concerned that the mice had destroyed other aspects of the vehicle, Jerry White Construction workers questioned Machine Maintenance, but were assured that there was no other damage, the complaint says. Machine Maintenance workers guaranteed that if there was additional damage, Machine Maintenance would fix the problem, Jerry White Construction claims.

Later, the excavator was found to have electrical problems, according to the complaint. Machine Maintenance attempted to repair the issues at Jerry White Construction’s expense, but Jerry White Construction continued to experience electrical problems, the suit states.

Through its attempts to correct the various mechanical and electrical problems associated with the vehicle, Jerry White Construction discovered that it had actually purchased a 2006 model instead of the 2008 excavator it was told it was purchasing, the complaint says.

“Had plaintiff been aware of any of the facts that the excavator was a 2006 model year, used vehicle, with damaged electrical wiring that would not be remedied by defendant, plaintiff would not have purchased the excavator,” the suit states.

Jerry White Construction says Machine Maintenance engaged in deceptive business practices by misrepresenting the model year of the excavator, by misrepresenting the status of the vehicle as new, by misrepresenting the condition of the wiring in the excavator, by concealing the damage to the wiring in the vehicle and by falsely promising to restore any electrical wiring problems.

In its complaint, Jerry White Construction is seeking a judgment of more than $250,000, plus attorney’s fees, costs, fees and other relief the court deems just.

Ted L. Perryman and Jason D. Guerra of Roberts Perryman in St. Louis will be representing it.

St. Clair County Circuit Court case number: 13-L-572.


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