ST. LOUIS — A St. Louis consumer has filed a class-action lawsuit against a Springfield-based automobile parts dealer, citing alleged breach of implied warranty.
Paul Weishaar, on behalf of himself and all others similarly situated, filed a complaint in the St. Louis 22nd Judicial Circuit Court against O'Reilly Automotive Stores Inc. alleging that the defendant violated the Missouri's Merchandising Practices Act.
According to the complaint, the plaintiff alleges that in 2010, he purchased the defendant's windshield wiper fluid that was advertised to keep vehicle windows from freezing. The plaintiff claims the wiper fluid froze and failed to perform as advertised. As a result, Weishaar and others claim they were forced fix their windshield to remedy the issues caused by freezing windshield wiper fluid, and they claim they were at an increased risk of accidents due to poor visibility.
The plaintiff holds O'Reilly Automotive Stores responsible because the defendant allegedly omitted or suppressed material fact regarding the product and made false promise and misrepresentation as the product did not protect down to the freezing temperature as advertised and marketed for sale to the public.
The plaintiff requests a trial by jury and seeks judgment individually and on behalf of the other members of the class, his expenses, costs of suit, attorneys' fees, pre- and post-judgment interest, and for such other and further relief as may be just and proper. He is represented by Ryan P. Horace of SWMW Law LLC in St. Louis and Steven J. Stolze of Holland Law Firm in St. Louis.
St. Louis 22nd Judicial Circuit Court case number 1722-CC10830