It sounds like Houston family law attorney Donn Fullenweider might want to consider the federal “Cash for Clunkers” program. After replacing 13 tires and six wheels in less than two years on his 2006 Maserati GranSport LE at a cost of $22,196.82, Fullenweider -- a partner in Fullenweider & Wilhite -- has had enough. On Wednesday he sued the Maserati dealer that sold him the car in November 2006, Maserati of Houston, and various units of the Italian car company alleging no one at the dealership ever told him the car wasn’t suited to drive on regular Houston city streets. “At no point before purchase did any one of the Maserati employees, agents, or representatives inform Plaintiff that this particular vehicle’s intended use was not for Houston street use,” Fullenweider alleges in the petition he filed in state district court in Houston on July 29. Fullenweider alleges in Donn Fullenweider v. Maserati of North America, et al. that the car wasn’t even 4 months old when it started shaking, and he had to replace four wheels and four tires at a cost of $14,919.48. In August 2007, he replaced two wheels and two tires for $4,641.46, and in April 2008, he replaced two more tires at a cost of $873. In August 2008, he drove the car to San Antonio, where he had to replace two tires at a cost of $1,355, and then two days later, when driving the car to Maserati of Houston in an attempt to find out why he kept on getting flat tires, the car got another flat tire and he had to buy an additional tire at a cost of $417.88. Fullenweider alleges the defendants have ignored his request to buy the car back from him, or to fix it so it could be safely resold. He alleges that he repeatedly asked the defendants for help in figuring out why he has so many tire and wheel problems with the car, but the defendants failed to respond except to imply that his driving is the cause. Fullenweider alleges that he had to buy another car for daily driving because he’s fearful of the danger from tire blowouts. Fullenweider brings a deceptive trade practices cause of action against Maserati of Houston and Ferrari/Maserati of Houston; and fraud and misrepresentation and conspiracy causes of action against all defendants, which also include Maserati of North America, Ferrari of North America, Maserati Enterprises LLC, Fabrica Italiana Automobil Torino, Maserati S.p.A., Ferrari S.p.A., and Symbol Cars Inc., which does business as Maserati of Houston, Ferrari of Houston and Ferrari/Maserati of Houston. Fullenweider seeks actual damages that include the more than $22,000 he spent on new wheels and tires, and the $91,500 he spent on the car, along with punitive damages. Don Pierce, general manager of Maserati of Houston, could not be reached for immediate comment.
-- Brenda Sapino Jeffreys
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