ST. LOUIS — A St. Louis consumer has filed a class-action lawsuit against an automotive parts seller, 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 Elliot Auto Supply Co. Inc., doing business as Factory Motor Parts, 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, which was advertised not to freeze in cold temperatures. The plaintiff claims the wiper fluid froze and did not perform as it was intended.
As a result, Weishaar and others claim they were forced to make repairs to their windshield wiper fluid systems to remedy the issues caused by freezing windshield wiper fluid and suffered an increased risk of accidents due to poor visibility.
The plaintiff holds the defendant responsible because the defendant allegedly failed to perform as advertised, omitted or suppressed material facts regarding the product and made false promise and misrepresentation as the product failed to 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 other relief as may be just and proper. He is represented by Ryan P. Horace of SWMW Law LLC in St. Louis and Steven L. Stolze of Holland Law Firm in St. Louis.
St. Louis 22nd Judicial Circuit Court case number 1722-CC10832