ORLANDO – A Melbourne Beach consumer alleges that three car manufacturers knowingly violated U.S. environmental law by putting a defeat device in diesel-powered cars that would temporarily reduce emissions in order to pass inspection.
Todd Alphin filed a complaint on March 23 in the U.S. District Court for the Middle District of Florida, Orlando Division against Volkswagen of America Inc., Volkswagen Group of America Inc. and Audi of America Inc., citing alleged fraud, negligent misrepresentation, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that he suffered irreparable damage to the value of his vehicles from the revelation that his vehicles are not the same vehicles physically he believed he was purchasing. The plaintiff holds Volkswagen of America Inc., Volkswagen Group of America Inc. and Audi of America Inc. responsible because the defendants allegedly advertised and marketed vehicles with defeat devices as green and environmentally friendly and designed and sold cars that were designed to mislead consumers.
The plaintiff requests a trial by jury and seeks compensation for all damages, restoration of all monies wrongfully obtained, attorneys' fees and costs, prejudgment and post-judgment interest and any further relief that the court may deem just and proper. He is represented by Mizell Campbell Jr. of Law Office of Mizell Campbell Jr. PLLC in Hollywood.
U.S. District Court for the Middle District of Florida Orlando Division Case number 6:16-cv-00509