The Chronicle of the Horse
MagazineNewsHorse SportsHorse CareCOTH StoreVoicesThe Chronicle UntackedDirectoriesMarketplaceDates & Results
 
Results 1 to 9 of 9
  1. #1
    Join Date
    Nov. 1, 2008
    Location
    NY
    Posts
    980

    Default Where are the lawyers-class action against Sundowner

    So, our Sunlight Stampede has been at Congelosi's for almost a month. They no longer deal Sundowners but are authorized to work on them.

    They have not gotten the written ok to work on our Sundowner...Sundowner will not get back to Congelosi with the ok and so our trailer sits 125 miles from my boarding facility. I am borrowing a friend's trailer in order to have one on the farm in case of emergency, but as a business owner this is absurd. Its been almost a month, no one has touched the trailer as far as work (it will take an additional two weeks once they start the work).

    We are being jerked around, have spoken with numerous former and current Sundowner dealers and it would not be hard to prove that this is a design defect. So, where are the lawyers out there??? I need to move forward-I am running my own business.



  2. #2
    Join Date
    Apr. 14, 2001
    Location
    Fort Collins, CO
    Posts
    16,261



  3. #3
    Join Date
    May. 31, 2007
    Location
    Aiken, SC
    Posts
    4,696

    Default

    It has been mentioned, but its pretty small potatoes to class action lawyers and Sundowner will just file a bankruptcy.

    But you do not need to file a class action to file a lawsuit. You just have to pay for it I think the old threads would give any lawyer the information they need to "prove their case" but a new trailer costs as much a small lawsuit.



  4. #4
    Join Date
    Nov. 1, 2008
    Location
    NY
    Posts
    980

    Default

    Two things....1. my trailer is STILL under warranty 2. Orchard Trailer Sales Inc. sued Sundowner in August 2007 for failure to honor their warranty. Does anyone know the outcome of that case?



  5. #5
    Join Date
    Oct. 18, 2000
    Posts
    22,415

    Default

    Don't know anything about that case at all - or where it was filed. If you knew you could just call the clerk's office and get copies or go in and look at the file - it's public record. Sometimes the clerk will just give you the info over the phone, other jurisdictions have public access case lookup - through the internet.


    I never had any warranty claims so don't have any direct experience - but it seems like this complaint isn't uncommon. Some folks have a great experience with the company - others have a nightmarish experience.

    I'm starting to wonder if Sundowner is circling the drain.



  6. #6
    Join Date
    Aug. 9, 2007
    Posts
    9,022

    Default

    Hey I'm the one who suggested it by PM to the OP on one of the sundowner threads. I didn't want to get flamed for suggesting that aggrieved people sue, since some posters said it was all your fault your trailers were falling apart.
    So once again: Get a lawyer who has done class action suits before. Someone like the people who did the Ford Explorer rollovers, the Ford Pinto flaming gas tanks and the tyre, I forget the brand, on the Explorers.
    Why? because if you just get the lawyer who did one personal injury or divorce case, he/she will be totally out of his/her league as sundowner will hire an expert.
    An experience personal injury lawyer will file your class action lawsuit, and will handle it correctly and will have the resources and experts and investigators to carry the case. In order words, he won't take your money and leave you standing there with your trailer and no recourse.
    So hire the best. In a classs action suit you'll be splitting fees with others, plus your lawyer will get his main fee out of the settlement, yes he'll get a ton of money, but you'll get rid of those bad trailers that you should not have been stuck with in the first place.
    This isn't a slip and fall issue where you are trying to get unjustly enriched.
    It's a product liability case where you were sold defective merchandise, and you are being (x) by the manufacturer.
    Hire an experienced class action liability lawyer, soneone who has done it before and won.
    Hiring just any old lawyer will not get you the results you need.
    And make sure people who have moved or who have bought 2nd hand trailers are notified, your lawyers will run ads in the paper and notices will be mailed out, but some people won't get notified.
    Good luck. You need someone who likes to try cases and who is smart, like John Edwards before he got distracted by Lisa Drunk.
    And don't let the experts on here tell you it's your fault. If you don't do something and then your horses are injured or killed by the defective trailer, then it's your fault for not suing.



  7. #7
    Join Date
    Nov. 1, 2008
    Location
    NY
    Posts
    980

    Default

    Quote Originally Posted by JSwan View Post
    Don't know anything about that case at all - or where it was filed. If you knew you could just call the clerk's office and get copies or go in and look at the file - it's public record. Sometimes the clerk will just give you the info over the phone, other jurisdictions have public access case lookup - through the internet.
    Here is the link to the where I found the info on the lawsuit: http://dockets.justia.com/docket/cou...ase_id-110878/

    The website is restricted...I wonder if they settled out of court...



  8. #8
    Join Date
    Oct. 18, 2000
    Posts
    22,415

    Default

    Hmmm.... breach of contract. That could be just about anything - and it could be something completely unrelated to what your problem is - whatever your problem is.

    Oh I see - you don't have a PACER account. You can just call the clerk and give him/her the style of the case and ask what the disposition was. You already have the case information. They may give it to you over the phone, or they may give you instructions on how to obtain it via telephone, or by filling out a form. On the court website the forms are available for free download. (follow the link)

    With Bankruptcy you can just key in the style and it takes you through an entire menu with dates of meetings, orders, discharge etc. I don't remember if such a system exists for civil cases.

    But - give 'em a call. Can't hurt. You don't need to be an attorney to obtain that information -but it may not be related to what your problem is. They could have just disagreed over commissions, dealer incentives, or another type of arrangement. I have no idea.

    If your issue is with the powder coat peeling before the warranty expired you may want to contact RAyers that posts on this BB - he's a scientist and did an analysis of samples sent to him by various COTH members.

    If the trailer is failing or has failed for any reason, one thing you'll want to do is file a complaint with the feds. I don't have the link handy but it's the link Rayers posted in his thread - if you don't find it there I posted it several times in other trailer type threads through the years. You can submit your complaint on-line.

    Good luck.

    ETA - oh I'm sorry - the issue some folks complain about with their trailers doesn't seem to apply to yours - is your trailer all aluminum? Anyway - no matter what the failure is you'll want to file a complaint with the feds - if you can't find that link please let me know and I'll see if I can find it for you.

    Don't know what the problem is but I hope they change their minds and honor the warranty. If you didn't do anything to void the warranty there's really no excuse. Anyway - good luck to you.
    Last edited by JSwan; May. 17, 2009 at 05:32 PM. Reason: mistake on my part



  9. #9
    sundownerofaiken Guest

    Default

    I know this post is old but I just saw it. Unfortunately I can't spend a lot of time on the internet.

    It sounds like Congelosi's is just busy and putting the blame on Sundowner to keep you happy with them. Our shop stays booked 2-3 weeks out year round and longer in peak season.

    For us getting warranty authorization from Sundowner usually happens in a few hours during normal business hours.

    As far as the lawsuit mentioned above, the web search I did showed the suit was over territory not anything to do with warranty. Sundowner has never refused to warranty anything for us that was actually covered.

    I hope that your problem has been properly resolved. You can call Sundowner yourself to find out info on the warranty and to find out where your closest service center is. I do know Sundowner cut off a few "authorized service centers" that were not dealers due to price gouging.



Similar Threads

  1. Replies: 20
    Last Post: Feb. 7, 2014, 02:57 PM
  2. Replies: 25
    Last Post: Aug. 2, 2011, 07:48 PM
  3. Replies: 10
    Last Post: Jun. 21, 2011, 10:16 AM
  4. Replies: 21
    Last Post: Dec. 10, 2008, 09:15 AM
  5. Replies: 277
    Last Post: Apr. 4, 2008, 02:25 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •