GLE580

DRAFT – SUPERIOR COURT OF THE STATE OF NEVADA – CLARK COUNTY

BRENT D. BERGER, Plaintiff,
v.
MERCEDES BENZ USA, LLC, a Limited Liability Corporation,

FLETCHER JONES MERCEDES BENZ,

and DOES 1 through 10, inclusive, Defendants.
__________________________________
CASE NO:
COMPLAINT FOR RESTITUTION
DAMAGES AND CIVIL PENALTY

1. Plaintiff BRENT BERGER (“Plaintiff”) brings this action on his own behalf and based upon information and belief against defendants MERCEDES BENZ USA, LLC, a Limited Liability Corporation; and DOES 1 through 10 inclusive (“Defendants”).

2. On or about July 10, 2021, Plaintiff purchased a 2020 Mercedes-Benz GLE580 vehicle identification number 4JGFB8GB4LA176358 (“vehicle” or “Mercedes”).

3. The vehicle was purchased, and has had significant nonconformities during the manufacturer’s, defendant Mercedes’ factory warranty period including more than 25 visits to the shop, thousands of dollars of work performed, and over 90 days being out of service. The vehicle continues to be out of service.

4. Plaintiff uses his vehicle primarily for personal, family and household purposes. Soon after purchase, Plaintiff experienced continuing nonconformities with the vehicle, including but not limited to, the following: The vehicle safety systems triggering falsely, including MBUX Interior Assistant gesture control, Blind Spot Assist, Active Brake Assist, Active Distance Assist DISTRONIC®, Active Steering Assist, Evasive Steering Assist,Active Emergency Stop Assist, Key Detection, as well as rough acceleration on cold start, overheating/check engine lights, air conditioning not functioning, as well as faulty workmanship on interior and exterior construction needing repair.

5. Despite confirmation of the nonconformities and repeated lengthy repair attempts, defendants have been unable to correct the nonconformities. These nonconformities substantially impair the use, value and or safety of the vehicle.

6. On October 30th, 2023 while driving at high rate of speed on the highway, the vehicles automated safety systems errantly took control of the car causing it to drive off the road into the emergency lane.

7. On January 27, 2024 the plaintiff entered into a contract to extend the warranty of the vehicle by 3 additional years paying an additional $3150 for this right.  On July 31, 2024 (6 months) – more than $6,000 in claims had already been paid and more than 45 days of which the car was out of service.

8. On July 31, 2024 Plaintiff sold the car at a $45,656 loss.

9. On August 5, 2024, plaintiff was told that no refund of warranty fee of $3150 as $6151 in claims were paid within the first 6 months of warranty (for ongoing problems).

PARTIES

6. Plaintiff Brent Berger is an individual residing in the County of Clark, State of Nevada.

7. Defendant MERCEDES BENZ USA, LLC is a corporation registered and transacting business in the County of Clark, State of Nevada.

8. The true names and capacities of defendants sued herein as DOES 1 through 10, inclusive, are presently unknown to Plaintiff who will seek to amend this complaint to include these DOES defendants when they are identified.

9. At all times mentioned in the complaint, each of the defendants was an agent of each and every other defendant. In doing the things alleged in the complaint, each defendant was acting within the course and scope of their agency and was acting with the consent, permission and authorization of each of the other defendants.

JURISDICTION AND VENUE
10. This Court has jurisdiction over this action pursuant to the Constitution of the State of Nevada

11. RESERVED

12. RESERVED

FIRST CAUSE OF ACTION
13. Plaintiff, Brent Berger, incorporates all prior allegations.
14. The vehicle is a consumer good as defined underNevada Rev. Stat. section 597.600. Plaintiff, Brent Berger, is a “purchaser” of consumer goods as defined under Nevada Rev. Stat. section N.R.S. 597.600 to N.R.S. 5970.688
15. Reserved. Pursuant to the provisions of Nevada Rev. Stat. section N.R.S. 600.597 and Magnuson-Moss Warranty Act (the “MMWA”)§ 2301 – 2313
16. Defendant MERCEDES BENZ USA, LLC is a “manufacturer” and “distributor” as defined under Nevada Rev. Stat. section N.R.S. 597.600.
17. The sale of the vehicle to Plaintiff was accompanied by an express written warranty.
18. The serious nonconformities have manifested themselves within the applicable express warranty period. The nonconformities substantially impair the use, value and or safety
19. Plaintiff brought the vehicle to authorized repair facilities for repairs on numerous occasions in attempts to have the existing express warranties satisfied.
20. Defendants have not repaired the nonconformities after a reasonable number of attempts and, as such, have failed to comply with and have breached all applicable warranty requirements.
21. Further, the sale of the vehicle to Plaintiff was accompanied by implied warranties that the vehicle was merchantable and fit for a particular use.
22. Defendants have breached the implied warranties of merchantability and fitness for a particular use because the vehicle when sold would not pass without objection in the trade and the vehicle was defective on purchase.
23. Despite their breach of the express and implied warranties, defendants have refused plaintiff’s demand for a refund or replacement.
24. By failure of defendants to remedy the defects as alleged above, or to issue a refund or replacement, defendants are in breach of their obligations underNevada Rev. Stat. section 597.600
25. Defendants’ continuing breach of their obligations as set forth herein is willful pursuant to Nevada Rev. Stat. section 597 and as such, defendants and each of them are liable to Plaintiff for civil penalties in an amount as set forth below.

PRAYER FOR RELIEF
WHERFORE, Plaintiff Brent Berger prays for judgment as follows:
1. For general, special and actual damages according to proof at trial:
2. For rescission of the purchase contract and restitution of all monies expended;
3. For incidental and consequential damages according to proof at trial;
4. For a civil penalty in an amount of two times plaintiff’s actual damages;
5. For prejudgment interest at the legal rate;
6. For reasonable attorney’s fees and costs of suit; and
7. For such other and further relief as this Court deems just and proper.

Repair Order History for LA176358

IMG_1522.MOV