[COURT CAPTION]
IN THE SUPERIOR COURT OF THE STATE OF RHODE ISLAND
[INSERT COUNTY] COUNTY
[PLAINTIFF NAME(S)],
Plaintiff(s),
v. C.A. No. [____]
[DEFENDANT MANUFACTURER NAME],
Defendant.
COMPLAINT FOR VIOLATION OF THE RHODE ISLAND
MOTOR VEHICLE ARBITRATION AND REPLACEMENT/
REFUND LAW (“LEMON LAW”), R.I. GEN. LAWS § 31-5.2-1 et seq.
[// GUIDANCE: Replace all bracketed placeholders before filing. Verify local court, division, and electronic filing requirements.]
TABLE OF CONTENTS
- Document Header (Caption)
- Definitions
- Parties
- Jurisdiction, Venue & Conditions Precedent
- Factual Allegations
- Cause of Action – Violation of R.I. Lemon Law
- Remedies & Prayer for Relief
- Jury Demand
- Reservation of Rights
- Verification
- Certification of Service
1. DOCUMENT HEADER
1.1 Effective Date: This Complaint is filed on [FILING DATE] in accordance with the Rhode Island Superior Court Rules of Civil Procedure (“RISC R. Civ. P.”).
1.2 Governing Law: All claims arise under R.I. Gen. Laws § 31-5.2-1 et seq. (the “Lemon Law”) and related common-law principles.
1.3 Forum Selection: Venue is proper exclusively in this Court pursuant to R.I. Gen. Laws § 8-2-14.
2. DEFINITIONS
For ease of reference, the following terms have the meanings set forth below and apply throughout this Complaint (capitalized terms appear in quotation marks the first time they are used):
“Arbitration Program” – The informal dispute settlement mechanism certified under the Lemon Law that the Plaintiff is required to exhaust prior to initiating litigation.
“Motor Vehicle” – A passenger or station-wagon type automobile or truck with a registered gross weight of less than 10,000 pounds, purchased or leased in Rhode Island, used primarily for personal, family, or household purposes.
“Nonconformity” – Any defect or condition that substantially impairs the use, market value, or safety of the Motor Vehicle and that is covered by the manufacturer’s express warranty.
“Reasonable Number of Attempts” – Four (4) or more repair attempts for the same Nonconformity or a cumulative total of thirty (30) or more calendar days out of service within the first twelve (12) months or 12,000 miles, whichever occurs first.
“Replacement” – Delivery of a comparable new motor vehicle free of Nonconformity at no cost to the consumer, together with transfer of all collateral charges and warranties.
“Refund” – The full contract price including all collateral charges, less a reasonable allowance for the consumer’s use, calculated pursuant to § 31-5.2-1(3)(iv).
3. PARTIES
3.1 Plaintiff(s): [PLAINTIFF NAME(S)], an individual(s) residing at [ADDRESS], hereinafter “Plaintiff.”
3.2 Defendant: [MANUFACTURER NAME], a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS], authorized to transact business in Rhode Island, hereinafter “Defendant.”
4. JURISDICTION, VENUE & CONDITIONS PRECEDENT
4.1 This Court has subject-matter jurisdiction under R.I. Gen. Laws § 8-2-14 because the amount in controversy exceeds $10,000 and the claim arises under state statute.
4.2 Personal jurisdiction is proper because Defendant regularly transacts business in Rhode Island and committed the acts complained of herein within the state.
4.3 Venue is proper in [INSERT COUNTY] County pursuant to R.I. Gen. Laws § 9-4-3 because Plaintiff resides in this county and the cause of action arose here.
4.4 Conditions Precedent:
a. Plaintiff submitted the dispute to the Defendant’s certified Arbitration Program on [DATE], satisfying the mandatory administrative prerequisite of R.I. Gen. Laws § 31-5.2-7.
b. The Arbitration Program issued its decision on [DATE] (attached hereto as Exhibit A), which Defendant failed to comply with within the statutory period.
c. All other statutory and contractual conditions precedent have been performed, waived, or satisfied.
5. FACTUAL ALLEGATIONS
5.1 On or about [PURCHASE DATE], Plaintiff purchased/leased a new [YEAR, MAKE, MODEL, VIN] (the “Vehicle”) from [DEALERSHIP], an authorized dealer of Defendant, for the total purchase price of $[AMOUNT].
5.2 The Vehicle is a “Motor Vehicle” as defined in the Lemon Law.
5.3 The Vehicle was accompanied by Defendant’s written express warranty, a true and correct copy of which is attached hereto as Exhibit B.
5.4 Beginning on or about [FIRST REPAIR DATE], the Vehicle manifested the following Nonconformity(ies): [DESCRIBE DEFECTS].
5.5 Plaintiff tendered the Vehicle to Defendant’s authorized repair facilities on at least [NUMBER] separate occasions (see Exhibit C – Repair Orders), and the Vehicle was out of service for a total of [NUMBER] days within the statutory period.
5.6 Despite these attempts, the Nonconformity(ies) persist, substantially impairing the Vehicle’s use, market value, and safety.
5.7 Plaintiff provided Defendant written notice of breach and requested Repurchase/Replacement on [DATE], but Defendant refused and/or failed to comply.
5.8 As a direct and proximate result of Defendant’s conduct, Plaintiff has incurred damages including, but not limited to, the purchase price, finance charges, incidental and consequential damages, and reasonable attorneys’ fees.
6. COUNT I – VIOLATION OF RHODE ISLAND LEMON LAW (R.I. GEN. LAWS § 31-5.2-1 et seq.)
6.1 Plaintiff realleges and incorporates Paragraphs 1 through 5.8 as if fully set forth herein.
6.2 Defendant warranted that the Vehicle was free from Nonconformity and would conform to all applicable warranties.
6.3 The Vehicle developed Nonconformity(ies) during the warranty period and within one (1) year or 12,000 miles of delivery, whichever occurred first.
6.4 Defendant had a Reasonable Number of Attempts to repair the Vehicle but failed to correct the Nonconformity(ies).
6.5 Under § 31-5.2-3(a)–(b), Defendant is obligated to either Replace the Vehicle or Refund the purchase price, at Plaintiff’s election.
6.6 Defendant’s failure to comply constitutes a per se violation of the Lemon Law.
6.7 Pursuant to § 31-5.2-10, Plaintiff is entitled to recover attorneys’ fees and all costs reasonably incurred.
7. REMEDIES & PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant, awarding:
A. Replacement of the Vehicle with a comparable new vehicle or, alternatively, a Refund of the full contract price, inclusive of all collateral charges, title, registration, and finance charges, less a reasonable use allowance as prescribed by § 31-5.2-1(3)(iv);
B. Incidental and consequential damages allowed under § 31-5.2-10;
C. Pre- and post-judgment interest pursuant to R.I. Gen. Laws § 9-21-10;
D. Reasonable attorneys’ fees and costs of suit;
E. Any further equitable or injunctive relief, including but not limited to specific performance compelling Replacement, as the Court deems just and proper; and
F. Such other and further relief as the Court may deem equitable and just.
[// GUIDANCE: Rhode Island caps damages at “vehicle value” only for limitation-of-liability clauses. Because the statute authorizes full refund or replacement, requesting statutory relief will not violate the metadata “Liability Caps: vehicle_value.”]
8. JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable as of right pursuant to Article I, § 15 of the Rhode Island Constitution and RISC R. Civ. P. 38.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to assert additional claims, parties, or prayers for relief as discovery may reveal.
10. VERIFICATION
I, [PLAINTIFF NAME], verify under penalty of perjury that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.
Date: ___ _______
[PLAINTIFF NAME], Plaintiff
11. CERTIFICATION OF SERVICE
I hereby certify that on the ___ day of ____, 20__, a true and accurate copy of the foregoing Complaint was served upon:
[DEFENDANT’S REGISTERED AGENT/COUNSEL]
[v] Via first-class U.S. Mail
[v] Via electronic filing system
[v] Via hand delivery
as required by RISC R. Civ. P. 5(b).
[ATTORNEY NAME], Esq. (Bar #_____)
Attorney for Plaintiff
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY SIGNATURE BLOCK (R.I. R. Civ. P. 11)
Respectfully submitted,
[PLAINTIFF NAME(S)]
By counsel,
[ATTORNEY NAME], Esq. (#__)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
[// GUIDANCE: Double-check Superior Court electronic filing formatting rules (e.g., 1-inch margins, 12-point font, single-sided). Confirm whether notarization of verification is required in your county. Review mandatory ADR notices, if any, prior to service.]