Olive Branch couple sues over defective truck

By Kelly Holleran | Aug 19, 2009

An Olive Branch couple has sued five corporations over a defective truck that allegedly forced the couple to incur significant economic damages.

Robert and Linda Caulkin filed a lawsuit Aug. 14 in Madison County Circuit Court against Truck Centers Freightliner Corporation, Daimler North America Corp., Daimler Trucks North America, Freightliner and Cummins Inc.

The Caulkins say they paid $75,370 for a Freightliner 2008 Model M2-106 vehicle on Aug. 16, 2007.

According to the complaint, the truck came equipped with a diesel particulate filter regeneration system and Freightliner represented it was fit for use as a commercial vehicle hauling freight.

However, the truck's engine frequently shuts down, rendering it a safety hazard to the Caulkins and to travelers on the road, the suit states.

"The truck does not meet the minimum industry standards, quality or workmanship warranted by Defendants and contemplated by all parties to the contracts which put this truck into the stream of commerce and when purchased by Caulkins," the complaint says. "The Caulkins have submitted the truck to Defendants, their agents and/or designees on multiple occasions to repair or replace defective and malfunctioning component parts and address faulty design and manufacturing defects with the truck."

Because of the defective truck, the Caulkins claim they have suffered economic loss and have rendered sales contracts and service contracts as failures.

Charges against the five companies include breach of contract and breach of warranties.

In the five-count suit, the Caulkins are seeking a judgment of more than $250,000, plus costs and attorney's fees.

Stephen P. McGlynn of McGlynn and McGlynn in Belleville will be representing them.

Madison County Circuit Court case number: 09-L-842.

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