IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF WYOMING
_____ JUDICIAL DISTRICT
[PLAINTIFF FULL LEGAL NAME],
an individual resident of the State of Wyoming,
Plaintiff,
v.
[DEFENDANT MANUFACTURER NAME],
a [STATE OF INCORPORATION] corporation,
and DOES 1-10, inclusive,
Defendants.
Civil Action No.: _____
COMPLAINT FOR DAMAGES, RESTITUTION, AND INJUNCTIVE RELIEF
(Wyoming Motor Vehicle Warranty—Enforcement Act)
JURY DEMAND ENDORSED HEREON
[// GUIDANCE: Insert the correct judicial district and civil action number once assigned by the clerk. Wyoming district courts sit in each county.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Definitions
- Factual Allegations
- Causes of Action
4.1 Violation of Wyoming Motor Vehicle Warranty—Enforcement Act
4.2 Breach of Express Warranty
4.3 Violation of Magnuson-Moss Warranty Act
4.4 Breach of Implied Warranty of Merchantability - Prayer for Relief
- Demand for Jury Trial
- Reservation of Rights
- Verification
- Signature Block
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an adult individual who, at all relevant times, resided in [COUNTY] County, Wyoming, and is the purchaser and current owner of the Motor Vehicle described herein.
1.2 Defendant Manufacturer. [DEFENDANT MANUFACTURER NAME] (“Manufacturer”) is a [STATE] corporation authorized to transact and transacting business in Wyoming, including the marketing, sale, and servicing of the Motor Vehicle.
1.3 Does. Plaintiff is presently unaware of the true names and capacities of Defendants sued herein as DOES 1-10 and therefore sues such Defendants by fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.
1.4 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Wyo. Const. art. 5, § 10 and Wyo. Stat. Ann. §§ 5-3-101 et seq., because the amount in controversy exceeds the jurisdictional minimum and the claims arise under Wyoming statutory and common law.
1.5 Venue. Venue is proper in this Court under Wyo. Stat. Ann. § 1-5-107 because Defendant conducts business and the transactions and events giving rise to the claims occurred in this county.
1.6 Exhaustion of Informal Dispute Settlement. Pursuant to Wyo. Stat. Ann. § 40-17-109(c) and 16 C.F.R. Part 703, Plaintiff has (a) submitted the dispute to Manufacturer’s informal dispute settlement procedure and (b) either obtained a written decision unsatisfactory to Plaintiff or received no decision within forty (40) days. [// GUIDANCE: Delete or modify if the manufacturer lacks a qualifying program; attach documentation as an exhibit.]
2. DEFINITIONS
Unless otherwise stated, the following defined terms apply throughout this Complaint:
“Act” means the Wyoming Motor Vehicle Warranty—Enforcement Act, Wyo. Stat. Ann. §§ 40-17-101 to 40-17-117.
“Collateral Charges” means sales tax, license and registration fees, and other official fees associated with Plaintiff’s purchase of the Motor Vehicle.
“Motor Vehicle” means the [YEAR, MAKE, MODEL], VIN [VIN], purchased by Plaintiff on [PURCHASE DATE].
“Nonconformity” means any specific defect, condition, or malfunction that substantially impairs the use, value, or safety of the Motor Vehicle, and that is covered by the Manufacturer’s warranty.
“Reasonable Number of Attempts” means (a) three (3) or more repair attempts for the same Nonconformity, or (b) thirty (30) or more cumulative calendar days out of service within the warranty period, as set forth in Wyo. Stat. Ann. § 40-17-103.
3. FACTUAL ALLEGATIONS
3.1 Purchase and Warranty. On [PURCHASE DATE], Plaintiff purchased the Motor Vehicle from [DEALERSHIP NAME] for the purchase price of $[AMOUNT] plus Collateral Charges of $[AMOUNT]. Manufacturer issued an express “bumper-to-bumper” warranty for [DURATION/MILEAGE].
3.2 Nonconformities. Soon after purchase, the Motor Vehicle manifested the following Nonconformities:
a. Engine stalling at highway speeds;
b. Repeated electrical system failures causing dashboard blackout; and
c. Transmission hesitation and hard shifting.
3.3 Repair History. Plaintiff presented the Motor Vehicle to Manufacturer’s authorized repair facilities on [DATE 1], [DATE 2], and [DATE 3] for the same Nonconformity, yet the condition persists. The vehicle has been out of service for a cumulative total of [NUMBER] days within the first year of ownership.
3.4 Manufacturer’s Notice. Plaintiff provided written notice of the Nonconformities and requested replacement or refund on [NOTICE DATE]. Manufacturer refused and advised Plaintiff to “await further software updates.”
3.5 Statutory Prerequisites Satisfied. The foregoing facts constitute compliance with all pre-suit requirements of the Act, including notice and opportunity to cure.
4. CAUSES OF ACTION
4.1 First Cause of Action – Violation of Wyoming Motor Vehicle Warranty—Enforcement Act
(Against All Defendants)
4.1.1 Plaintiff incorporates paragraphs 1 through 3 as though fully set forth herein.
4.1.2 The Motor Vehicle contains one or more Nonconformities covered by the Manufacturer’s express warranty.
4.1.3 Manufacturer failed to repair the Nonconformities after a Reasonable Number of Attempts.
4.1.4 Under Wyo. Stat. Ann. § 40-17-103(b), Plaintiff is entitled, at Plaintiff’s election, to:
- A replacement motor vehicle of comparable value, or
- A full refund of the purchase price, together with Collateral Charges, less a reasonable allowance for use.
4.1.5 Pursuant to Wyo. Stat. Ann. § 40-17-109(b), Plaintiff is entitled to recover reasonable attorney fees and costs.
4.2 Second Cause of Action – Breach of Express Warranty
(Against Manufacturer)
4.2.1 Manufacturer expressly warranted that the Motor Vehicle would be free from defects in materials and workmanship.
4.2.2 The persistent Nonconformities constitute a breach of that express warranty.
4.2.3 As a direct result, Plaintiff has suffered damages in an amount to be determined at trial, not exceeding the Motor Vehicle’s purchase price and consequential damages.
4.3 Third Cause of Action – Violation of Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq.
(Against Manufacturer)
4.3.1 Plaintiff is a “consumer,” and the Motor Vehicle is a “consumer product” under 15 U.S.C. § 2301.
4.3.2 Manufacturer failed to conform the Motor Vehicle to the applicable written warranty within a reasonable number of attempts, thereby breaching the warranty.
4.3.3 Plaintiff seeks all relief provided under 15 U.S.C. § 2310(d), including costs and attorney fees.
4.4 Fourth Cause of Action – Breach of Implied Warranty of Merchantability
(Against Manufacturer and Dealer)
4.4.1 Under Wyo. Stat. Ann. § 34.1-2-314, every sale of goods carries an implied warranty that the goods are merchantable.
4.4.2 The Motor Vehicle, due to the Nonconformities described, is not fit for the ordinary purposes for which such goods are used.
4.4.3 Plaintiff therefore seeks damages and rescission as permitted by law.
5. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:
A. Replacement of the Motor Vehicle with a comparable new vehicle, or, in the alternative, rescission of the sales contract and refund of (i) the full purchase price, (ii) all Collateral Charges, and (iii) incidental and consequential damages;
B. Reasonable attorney fees and costs pursuant to Wyo. Stat. Ann. § 40-17-109(b) and 15 U.S.C. § 2310(d)(2);
C. Pre-judgment and post-judgment interest as allowed by law;
D. Any further equitable or legal relief the Court deems just and proper.
[// GUIDANCE: Insert a request for punitive damages only if supported by specific facts under Wyo. Stat. Ann. § 1-1-128 and applicable case law.]
6. DEMAND FOR JURY TRIAL
Pursuant to Wyo. R. Civ. P. 38(b) and Article 1, § 9 of the Wyoming Constitution, Plaintiff demands a trial by jury on all issues so triable.
7. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to add additional causes of action, parties, or factual allegations as discovery proceeds.
8. VERIFICATION
I, [PLAINTIFF NAME], under penalty of perjury under the laws of the State of Wyoming, verify that the foregoing allegations are true and correct to the best of my knowledge, information, and belief.
Date: ___ ________
[PLAINTIFF NAME]
[// GUIDANCE: Wyoming practice permits either an unsworn declaration under Wyo. Stat. Ann. § 1-16-102 or a notarized verification. Select the method preferred by local rules.]
9. SIGNATURE BLOCK
Respectfully submitted,
Date: _______
[ATTORNEY NAME], WSB #__
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
Email: [EMAIL]
Attorney for Plaintiff
EXHIBIT LIST (To Be Attached)
A. Sales Contract / Buyer’s Order
B. Title & Registration Documents
C. Manufacturer’s Written Warranty
D. Repair Orders & Invoices
E. Correspondence With Manufacturer / Dealer
F. Decision of Informal Dispute Settlement Program (if applicable)
[// GUIDANCE: File each exhibit with sequential labeling per W.R.C.P. 10 and local court requirements. Redact personal identifiers per Rule 4.2.]
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