IN THE [_____] COURT OF COMMON PLEAS
[__] COUNTY, OHIO
Case No.: ____
Judge: ________
COMPLAINT
(Breach of Warranty; Violation of Ohio “Lemon” Motor Vehicle Law, Ohio Rev. Code § 1345.71 et seq.;
Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; Other Relief)
[PLAINTIFF NAME], an individual consumer, Plaintiff,
v.
[DEFENDANT MANUFACTURER NAME], a [State] corporation; and
[DEFENDANT DEALER NAME], an Ohio corporation, Defendants.
Jury Trial Demanded
[// GUIDANCE: Customize caption to match local practice (e.g., include “Civil Division” if required). Verify service addresses and statutory agent information before filing.]
TABLE OF CONTENTS
- Introduction
- Jurisdiction and Venue
- Parties
- Statutory & Regulatory Framework
- Factual Allegations
- Counts
• Count I – Violation of Ohio Lemon Law (R.C. 1345.71 et seq.)
• Count II – Breach of Express Warranty
• Count III – Breach of Implied Warranties of Merchantability & Fitness (U.C.C.)
• Count IV – Violation of Magnuson-Moss Warranty Act
• Count V – Revocation of Acceptance (U.C.C. § 2-608) - Prayer for Relief
- Jury Demand
- Verification
- Certificate of Service
1. INTRODUCTION
1.1 Plaintiff brings this action to obtain statutory and equitable relief arising from Defendants’ failure to conform a new motor vehicle to express and implied warranties, in violation of Ohio’s Lemon Motor Vehicle Law, Ohio Rev. Code § 1345.71 et seq., and related state and federal warranty laws.
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under Ohio Rev. Code §§ 2305.01 and 1345.75 and supplemental jurisdiction over federal claims pursuant to 28 U.S.C. § 1367.
2.2 Venue is proper in this County under Ohio Civ. R. 3(B) because Defendants transact business, and the transactions and events giving rise to the claims occurred, in this County.
3. PARTIES
3.1 Plaintiff [FULL LEGAL NAME] (“Plaintiff” or “Consumer”) is a “consumer” as defined in Ohio Rev. Code § 1345.71(A)(1), residing at [ADDRESS], Ohio.
3.2 Defendant [MANUFACTURER] (“Manufacturer”) is a [STATE] corporation with its principal place of business at [ADDRESS] and is a “manufacturer” under R.C. § 1345.71(A)(3).
3.3 Defendant [DEALER] (“Dealer”) is an Ohio corporation with its principal place of business at [ADDRESS] and is a “dealer” under R.C. § 1345.71(A)(2).
3.4 At all relevant times, each Defendant acted individually and through its agents, who acted within the course and scope of their authority.
4. STATUTORY & REGULATORY FRAMEWORK
4.1 Definitions (Ohio Rev. Code § 1345.71):
(a) “Motor Vehicle” means a passenger car or noncommercial motor vehicle designed to carry not more than a one-ton load.
(b) “Nonconformity” means any defect or condition that substantially impairs the use, value, or safety of the motor vehicle.
(c) “Reasonable Number of Attempts” is presumed when (i) the same nonconformity has been subject to repair three or more times, or (ii) the vehicle is out of service for repair for a cumulative total of thirty or more calendar days within the first year or 18,000 miles.
(d) Additional terms used herein have the meanings set forth in R.C. § 1345.71.
4.2 Remedies (R.C. § 1345.72 & 1345.73): Upon failure to repair a nonconformity after a reasonable number of attempts, the Manufacturer must, at the Consumer’s election, replace the vehicle with a comparable motor vehicle or refund the full purchase price, including collateral charges.
4.3 Informal Dispute Settlement (R.C. § 1345.75): Where a Manufacturer operates a Board certified under 16 C.F.R. Part 703, the Consumer must first resort to that procedure before commencing suit.
4.4 The Magnuson-Moss Warranty Act (15 U.S.C. § 2310) authorizes a civil action for damages, costs, and reasonable attorney’s fees for breach of written and implied warranties.
5. FACTUAL ALLEGATIONS
5.1 On [DATE], Plaintiff purchased a new [YEAR] [MAKE] [MODEL], Vehicle Identification Number [VIN] (the “Vehicle”), from Dealer for a total price of $[__], inclusive of taxes and fees.
5.2 The Vehicle was covered by Manufacturer’s [TERM]-year/[MILEAGE]-mile new-vehicle limited warranty and powertrain warranty.
5.3 Beginning on or about [DATE], the Vehicle exhibited the following nonconformities, among others:
(a) [Engine stalling]
(b) [Transmission hesitation]
(c) [Infotainment system failure]
5.4 Plaintiff delivered the Vehicle to authorized repair facilities on at least [NUMBER] separate occasions and for a cumulative total of [NUMBER] calendar days within the first 12 months or 18,000 miles, as reflected in Repair Orders Nos. [__] through [_], attached hereto as Exhibit A.
5.5 Despite these repair attempts, the nonconformities persist and substantially impair the Vehicle’s use, value, and safety.
5.6 On [DATE], Plaintiff provided written notice to Manufacturer pursuant to R.C. § 1345.72(B), demanding replacement or refund. Manufacturer has refused.
5.7 [Optional paragraph if a dispute-settlement program exists] Plaintiff participated in Manufacturer’s informal dispute-settlement procedure, Case No. [_], and the claim was [denied/unresolved] on [DATE].
5.8 As a result, Plaintiff has complied with all conditions precedent to filing this action or such conditions are waived or excused.
6. COUNTS
Count I – Violation of Ohio Lemon Law (R.C. § 1345.71 et seq.)
6.1 Plaintiff realleges ¶¶ 1–5.8.
6.2 Defendants failed to repair the nonconformities after a reasonable number of attempts.
6.3 Pursuant to R.C. § 1345.72, Plaintiff is entitled to elect, and hereby elects, a replacement vehicle or, in the alternative, full refund of the purchase price, together with collateral charges, taxes, registration fees, finance charges, and incidental damages, less a reasonable allowance for Plaintiff’s use.
6.4 Defendants’ actions constitute a violation of the Consumer Sales Practices Act, entitling Plaintiff to treble damages and attorney’s fees under R.C. § 1345.75.
Count II – Breach of Express Warranty
6.5 Plaintiff realleges ¶¶ 1–5.8.
6.6 Manufacturer expressly warranted that the Vehicle would be free from defects in materials or workmanship for [TERM].
6.7 Manufacturer failed to conform the Vehicle to the warranty after reasonable opportunity and notice, constituting breach under U.C.C. § 2-313.
Count III – Breach of Implied Warranties (U.C.C. §§ 2-314, 2-315)
6.8 Plaintiff realleges ¶¶ 1–5.8.
6.9 The Vehicle was not fit for ordinary use and not fit for Plaintiff’s particular purpose, constituting breach of implied warranties.
Count IV – Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
6.10 Plaintiff realleges ¶¶ 1–5.8 and Counts I–III.
6.11 Defendants’ breach of written and implied warranties violates 15 U.S.C. § 2310(d).
6.12 Plaintiff seeks damages, costs, and reasonable attorney’s fees.
Count V – Revocation of Acceptance (U.C.C. § 2-608)
6.13 Plaintiff realleges ¶¶ 1–5.8.
6.14 Plaintiff revokes acceptance due to substantial impairment not cured within a reasonable time.
6.15 Plaintiff tenders the Vehicle for return and demands restitution.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:
A. Ordering Manufacturer to, at Plaintiff’s election, (i) replace the Vehicle with a new, comparable vehicle, or (ii) refund the full contract price, inclusive of all collateral charges;
B. Awarding treble damages under Ohio Rev. Code § 1345.75;
C. Awarding incidental and consequential damages;
D. Awarding statutory and reasonable attorney’s fees and litigation costs;
E. Awarding prejudgment and post-judgment interest as allowed by law;
F. Preserving Plaintiff’s right to equitable and injunctive relief as necessary; and
G. Granting such other and further relief as the Court deems just and proper.
8. JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable as a matter of right under the Ohio Constitution and Ohio Civ. R. 38.
9. VERIFICATION
I, [PLAINTIFF NAME], verify under penalty of perjury that the factual statements above are true and correct to the best of my knowledge and belief.
Date: __ ________
[PLAINTIFF NAME]
[// GUIDANCE: Some Ohio counties require a notary on verification. Confirm local rule.]
10. CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Complaint was served by [certified U.S. mail / personal service] upon each Defendant at the address stated in the caption on this ___ day of _, 20.
[ATTORNEY NAME] (Bar No. ______)
Counsel for Plaintiff
[Firm Name]
[Address] | [Phone] | [Email]
ATTORNEY SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (Ohio Bar No. __)
[FIRM NAME]
[Street Address]
[City], Ohio [ZIP]
Telephone: () -
Email: _______
Attorney for Plaintiff
[// GUIDANCE FOR PRACTITIONERS:
- Confirm compliance with all local rules (e.g., font size, page limits, requirement for a civil case information sheet).
- Attach all repair orders and correspondence as exhibits; paginate sequentially.
- If Manufacturer operates a certified dispute-resolution program, plead either exhaustion or inapplicability per R.C. § 1345.75.
- Scrutinize any finance agreement for an arbitration clause; if binding, analyze potential motion to compel.
- Treble damages under the Ohio CSPA require proof of an “act or practice” declared deceptive by rule or substantive precedent—consider adding a separate CSPA count if facts support.
- Preserve prejudgment replevin/restitution remedies if client still possesses the Vehicle.
- If suing Dealer, evaluate claims for negligent repair or fraudulent concealment to avoid Rule 12 challenges.
]