A recent lawsuit has been filed that could have significant implications for consumer safety and business practices in the automotive industry. On December 16, 2024, Gina Preston filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against True Cars Inc., doing business as Discount Auto Mall. The case revolves around allegations of negligence and fraudulent misrepresentation related to a vehicle purchase.
The complaint outlines that on May 12, 2023, Gina Preston purchased a Hyundai Santa Fe from Discount Auto Mall. At the time of purchase, she noticed an issue with the vehicle's antilock braking system (ABS) warning light and reported it to the dealership's employees. Despite her concerns, she was assured by Discount Auto Mall that the vehicle was safe to drive. However, this assurance proved to be misleading when on June 7, 2023, after repeated communications about the ABS issue and a service visit to address it, Preston experienced brake failure resulting in a collision. The plaintiff alleges that as a direct result of this incident, she suffered significant personal injuries and economic losses.
Preston's lawsuit accuses True Cars Inc. of multiple counts including negligence for failing to ensure the vehicle was safe for use and properly inspecting or repairing its braking system. She also claims breach of implied warranty of merchantability under Florida Statutes § 672.314 due to selling a defective vehicle unfit for its intended purpose. Furthermore, allegations extend to fraudulent misrepresentation where it is claimed that Discount Auto Mall knowingly made false assurances regarding the vehicle’s safety which led to her accident. Lastly, Preston asserts violations under Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), citing deceptive trade practices by not disclosing known defects.
In her complaint, Gina Preston seeks judgment against True Cars Inc., demanding damages exceeding $50,000 along with interest and costs. Additionally, she requests punitive damages for fraudulent misrepresentation and attorney’s fees under FDUTPA violations. The relief sought underscores her pursuit of accountability from Discount Auto Mall for what she describes as negligent entrustment of a dangerous vehicle.
Representing Gina Preston is attorney Daniel Hartpence from Clark Hartpence Law based in St. Petersburg, Florida. The case is presided over by Judge Ken Burke with Case ID: 24-005509-CI.