1~
`
`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 1 of 25
`
`An,--A ()4_uL),z:,
`
`IN THE DISTRICT OF OKLAHOMA COUNTY
`STATE OF OKLAHOMA
`JOHN CRAIG FIRST a/k/a CRAIG FIRST,
`And LACEY FIRST, Individually and
`as Husband and Wife, and FIRST FARMS
`and TRUCKIKILC.
`Plaintiffs,
`
`FILED IN DISTRICT COURT
`OKLAHOMA COUNTY
`S E P 17 2020
`RICK WARREN
`COURT CLERK
`108
`
`cps.e2onn? ' ~
`
`vs.
`)
`AGCO CORPORATION, AGCO SERVICE, a
`)
`Subsidiary of AGCO CORPORATION,
`)
`AGCO FINANCE, LLC, a Subsidiary of
`AGCO CORPORATION, AMTRUST FINANCIAL )
`SERVICES, WESCO INSURANGE COMPANY, )
`a division and/or Subsidiary of AMTRUST )
`)
`FINANCIAL SERVICES, AMT WARRANTY
`)
`CORP.; a division and/or Subsidiary of
`AMTRUST FINANCIAL SERVICES, and
`)
`)
`ROLLING PLAINS IMPLEMENT
`COMPANY., INC.
`)
`)
`
`Defendants.
`
`PETITION
`COME NOW the Plaintiffs, John Craig First a/k/a Craig First, and Lacey
`First, Individually and as Husband and Wife, and First Farms and Trucking,
`LLC., ~(hereafter "Plaintiffs"), and for their Petition against the Defendants,
`AGCO Corporation, AGCO Service, a division and/or Subsidiary of AGCO
`Corporation, AGCO Finance, LLC, a division and/or Subsidiary of AGCO
`Corporation, AmTrust Financial Services, Wesco Insurance Company, a
`division and/or Subsidiary of AmTrust Financial Services, AMT Warranty
`
`EXHIBIT 1
`
`

`

`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 2 of 25
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`Corp., a division and/or Subsidiary of AmTrust Financial Services, and Rolling
`Plains Implement Company, Inc., state as follows:
`THE PARTIES
`1.
`Plaintiffs, John Craig First a/k/a Craig First, and Lacey First, are
`residents of Davidson, Oklahoma.
`2.
`Plaintiff, First Farms and Trucking, LLC. Is a limited liability
`corporation organized by Plaintiffs John Craig First a/k/a Craig First, and
`Lacey First.
`3. Defendant, AGCO Corporation, (hereafter "AGCO") is a
`manufacturer and distributor of agricultural equipment and related
`replacement parts throughout the world.
`4.
`Defendant, AGCO Service, is a division and/or subsidiary of
`AGCO Corporation:
`5.
`Defendant, AGCO Finance, LLC, is a division and/or Subsidiary of
`AGCO Corporation.
`6.
`Defendant, AGCO Finance, LLC participated in the financing of
`the sale of the AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner
`7200 30 HUW 7179 Rigid Flex Head sold by Defendant Rolling Plains
`Implement Company, Inc., (hereafter "Rolling Plains") to Plaintiff John Craig
`First.
`
`2
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 3 of 25
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`7.
`Defendant, AmTrust Financial Services is a provider of warranty
`and specialty risk products.
`8.
`In 2006, Defendant, AmTrust Financial Services acquired
`Defendant, Wesco Insurance Company.
`9. Defendant, Wesco Insurance Company is a division and/or
`Subsidiary of AmTrust Financial Services.
`10. Defendant, Wesco Insurance Company is licensed to conduct
`business in Oklahoma.
`11. Defendant, Wesco Insurance Company's NAIC number is 25011.
`12. Defendant, Wesco Insurance Company may be served process
`via the Oklahoma Department of Insurance.
`13. Defendant, Wesco Insurance Company insures the obligations
`under the AGCO Protection Plan contract number AGP145251900 sold to
`Plaintiff John Craig First.
`14. Defendant, Wesco Insurance Company is also identified as the
`"Provider" on the AGCO Protection Plan contract number AGP145251900
`sold to Plaintiff John Craig First.
`15. Defendant, AMT Warranty Corp., is a division and/or Subsidiary
`of AmTrust Financial Services.
`
`3
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 4 of 25
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`16. Defendant, AMT Warranty Corp., is the service contract provider
`under the AGCO Protection Plan contract number AGP145251900 sold to
`Plaintiff John Craig First.
`17. Defendant Rolling Plains is an AGCO authorized dealership.
`18. The matters sued upon herein involve Oklahoma residents and
`Oklahoma citizens.
`19. Defendants have sufficient contacts with the State of Oklahoma
`to warrant the exercise of in-personam jurisdiction by this Court. Pursuant to
`12 O.S. §2004(F), this Court has proper subject matter jurisdiction, and
`pursuant to 12 O.S. §137, venue is proper in Oklahoma, County.
`ALLEGATIONS COMMON TO ALL DEFENDANTS
`20. At all times material hereto Plaintiff John Craig First and Lacey
`First individually and as husband and wife operate custom harvesting and
`hauling business under the name First Farms and Trucking, LLC.
`21. Defendant, Rollirig Plains sold an AGCO Gleaner A76 HUC724
`Rotary Combine and AGCO Gleaner 7200 30 HUW 7179 Rigid Flex Head to
`Plaintiff John Craig First.
`22. The date on the Dealer's Retail Purchase Order for the sale of the
`AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW
`7179 Rigid Flex Head to Plaintiff John Craig First is March 29, 2016.
`
`n .,
`
`

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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 5 of 25
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`23. . The contract date on the Retail Installment Contract and Security
`Agreement (Agricultural and Commercial Use) for the sale of the AGCO
`Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW 7179
`Rigid F1ex Head to Plaintiff John Craig First is Apri15, 2016.
`24. The AGCO. Gleaner A76 HUC724 Rotary Combine sold to Plaintiff
`John Craig First was represented by Defendants to be "Certified Pre=Owned".
`25. The AGCO Gleaner 7200 30 HUW 7179 Rigid Flex Head sold to
`Plaintiff John Craig First was represented by Defendants to be "Certified Pre-
`~CI~.~iT~U
`26. AGCO represents to prospective purchasers such as and
`including Plaintiffs generally and Plaintiff John Craig First, specifically, that as
`an owner of AGCO Certified Pre-Owned equipment the owner can rest
`assured the equipment has been through a rigorous inspection and
`reconditioning process.
`27. AGCO represents to prospective purchasers such as and .
`including Plaintiffs generally and Plaintiff John Craig First, specifically, that
`AGCO backs up its representations regarding its Certified Pre-Owned
`equipment with "industry-leading extended coverage that helps protect both
`your investment and your peace of mind."
`28. AGCO represents to prospective purchasers such as and
`including Plaintiffs generally and Plaintiff John Craig First, specifically, that
`
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 6 of 25
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`AGCO's Certified Pre-Owned equipment undergoes a pre-certification
`inspection and reconditioning.
`29. AGCO represents to prospective purchasers such as and
`including Plaintiffs generally and Plaintiff John Craig First, specifically, that
`they can, "Enjoy the peace of mind that comes with knowing that our certified
`technicians have thoroughly inspected your tractor from top to bottom". And
`"each has been thoroughly reconditioned so they're as close to good-as-new
`as you can get."
`30. Defendants represented to Plaintiffs the "current engine hours"
`on the 2009 Gleaner Combine A76.
`31. Defendants knew or should have known that people in Plaintiffs'
`position generally and Plaintiff John Craig First, specifically, would rely on
`representations regarding engine hours in making a purchase decision.
`32. Defendants knew or should have known that Plaintiffs' position
`generally and Plaintiff John Craig First, specifically, did in fact rely on
`Defendants' representations regarding engine hours.
`33. Defendants knew or should have known that their
`representations regarding engine hours with the intent for Plaintiffs' position
`generally and Plaintiff John Craig First, specifically, to rely on such.
`representations.
`
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 7 of 25
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`34. Defendants knew or - should have known that their
`representations to Plaintiffs generally and Plaintiff John Craig First,
`specifically, regarding engine hours was false.
`35. Defendants knew or should have known that their
`representations regarding engine hours was made with 'the intent to induce
`Plaintiffs generally and Plaintiff John Craig First, specifically, into purchasing
`the AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30
`HUW 7179 Rigid Flex Head.
`36. Defendants knew or should have known that their
`representations regarding engine hours was a material misrepresentation.
`37. Defendants', having a purposeful and deliberate intent and
`acting in concert to effect an unlawful act by unlawful means constitutes a
`civil conspiracy acted upon Plaintiffs generally and Plaintiff John Craig First,
`specifically.
`38. Defendant, AGCO, as part of its worldwide business operations,
`sells a full range of agricultural equipment, including tractors, combines, self-
`propelled sprayers, hay tools, forage equipnient, seeding and tillage
`equipment, implements, and grain storage and protein production systems.
`39. Defendant, AGCO's products are marketed under a number of
`brands, including Challenger®, Fendt®, GSI®; Massey Ferguson® and
`Valtra®.
`
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 8 of 25
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`40. Defendant, AGCO distributes most of our products through
`approximately 3,275 independent dealers and distributors in approximately
`140 countries including the United State of America.
`41. As part of AGCO's worldwide operations, it supports and
`monitors each dealer's performance and profitability.
`42. As part of AGCO's worldwide operations, it provides its dealers
`with volume sales incentives, demonstration programs and other advertising
`support.
`43. As part of AGCO's worldwide operations, it designs sales
`programs, includirig retail financing incentives, and policies for maintaining
`parts and service availability with extensive product warranties to enhance
`its competitive position.
`44. As part of AGCO's worldwide operations, it sells Extended
`Warranty Contracts.
`45. The Extended Warranty Contracts sold by or on behalf of AGCO
`are separately priced.
`46. The consumer(s) who purchase Extended Warranty Corntracts
`sold by or on behalf of AGCO are charged an amount in addition to the cost of
`the equipment being purchased.
`
`.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 9 of 25
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`47. The Extended Warranty Contracts sold by or on behalf of AGCO
`and for which consumers are charged separately extend coverage for the
`equipment beyond the base warranty period.
`48. Revenue generated by the sale of the Extended Warranty
`Contracts is recognized by AGCO on a straight-line basis.
`49. Revenue generated by the sale of the Extended Warranty
`Contracts is recognized by AGCO on its financial documents as revenue
`generated thru the sale of insurance products.
`50. Defendants market the Extended Warranty Contracts as
`"protection against unexpected repair."
`51. Defendants market the Extended Warranty Contracts as
`providing "peace-of-mind knowing your AGCO machine, and your business;
`will stay up and running."
`52. Defendants market the Extended Warranty Contracts as being
`"specially-designed coverage begins when your manufacturer's warranty
`ends."
`53. Defendants market the Extended Warranty Contracts as
`providing "customized coverage."
`54. Defendants drafted the language contained in the Extended
`Warranty presented to Plaintiffs.
`
`G]
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 10 of 25
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`55. Defendants drafted the language contained in the Extended
`Warranty sold to Plaintiffs.
`56. The Extended Warranty drafted by Defendants and sold to
`Plaintiffs is a contract of insurance or, in the alternative, is a contract that
`references insurance.
`57. The Extended Warranty drafted by Defendants and sold to
`consumers in general and Plaintiffs specifically is designed to offer protection
`to Plaintiffs from potential future losses.
`58. The primary elements of an insurance contract are the spreading
`and underwriting of a policy holder's risk.
`59. Because the Extended Warranty drafted by Defendants and sold
`to Plaintiffs is a contract of insurance or, in the alternative, is a contract that
`references insurance it is exempt from the Oklahoma Uniform Arbitration Act.
`60. Because § 1855 of the Oklahoma Uniform Arbitration Act is a
`state law enacted for the purpose of regulating insurance, and thus, the
`McCarran-Ferguson Act applies precluding the Federal Arbitration Act from
`preempting conflicting state law, Plaintiffs cannot be compelled to
`arbitration.
`61. Either directly or indirectly AGCO received revenue from the
`sale of AGCO Protection Plan contract number AGP145251900 sold to
`Plaintiffs on or about Apri15, 2016.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 11 of 25
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`62. Either directly or indirectly AGCO approved of the protection
`plan language used in AGCO Protection Plan contract number AGP145251900
`sold to Plaintiffs on or about Apri15, 2016.
`63. Either directly or indirectly AGCO approved of the sale of AGCO
`Protection Plan contract number AGP145251900 sold to Plaintiffs by
`Defendant Rolling Plains ori or about Apri15, 2016.
`64. Defendant Rolling Plains authorized dealership account number
`is 636534.
`
`,
`OBJECT AND NATURE OF ACTION
`65. This action by Plaintiffs is to recover actual and punitive
`damages as a result of. fraud, fraudulent inducement, emotional distress,
`negligence, the tort of outrage, civil conspiracy, violation of the Oklahoma
`Consumer Protection Act and breach of the contractual duty of good faith and
`fair dealing regarding the purchase of a AGCO Gleaner A76 HUC724 Rotary
`Combine, a AGCO Gleaner 7200 30 HUW 7179 Rigid Flex Head and the AGCO
`Extended Warranty Protection Plan purchased by Plaintiffs from Defendants.
`CONSUMER PROTECTION RULES THAT MUST BE FOLLOWED
`66. A. seller of products or services must be truthful with its
`customers in order to protect them from harm.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 12 of 25
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`67. A seller of-products or services must follow the laws of the states
`in which it conducts business including, but not limited to the state of
`Oklahoma in order to protect others from harm.
`68. A seller of products or services must properly train and
`supervise its employees and authorized dealerships in order to protect others
`from harm.
`69. A seller of products or services must follow the provisions of the
`Oklahoma Consumer Protection Act in order to protect others from harm.
`FACTS
`70.
`In March 2016 Plaintiffs generally and Plaintiff John Craig First,
`specifically entered into a Dealer's Retail Purchase Order for the sale of an
`AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW
`7179 Rigid Flex Head.
`71. The Dealer's Retail Purchase Order was prepared by AGCO's
`authorized dealer, Defendant Rolling Plains.
`72. A Retail Installment Contract and Security Agreement
`(Agricultural and Commercial Use) for the sale of the AGCO Gleaner A76
`HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW 7179 Rigid Flex
`Head was prepared by AGCO's authorized dealer, Defendant Rolling Plains.
`73. AGCO and all remaining Defendants collectively approved of the
`sale and financing of the AGCO Gleaner A76 HUC724 Rotary Combine and
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 13 of 25
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`AGCO Gleaner 7200 30 HUW 7179 Rigid Flex Head to Plaintiffs generally and
`Plaintiff John Craig First, specifically.
`74. Based upon the representations (now known to be
`misrepresentations) of the Defendants as to the condition, hours and status as
`"Certified Pre-Owned", Plaintiffs generally and Plaintiff John Craig First,
`specifically purchased the AGCO Gleaner A76 HUC724 Rotary Combine and
`AGCO Gleaner 7200 30 HUW 7179 Rigid Flex Head.
`75. Based upon the representations (now known to be
`misrepresentations) of the Defendants as to the condition, hours and status as
`"Certified Pre-Owned", Plaintiffs generally and Plaintiff John Craig First,
`specifically agreed to the financing terms set out in the Retail Installment
`Contract and Security Agreement (Agricultural and Commercial Use).
`76. Defendants' authorized representative Jack Hanley has personal
`knowledge of Defendants' representations (now known to be
`misrepresentations) as to the condition, hours and status as "Certified Pre-
`Owned" of the AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner
`7200 30 HUW 7179 Rigid Flex Head.
`77. Defendants' authorized representative Jack Hanley has personal
`knowledge of Plaintiff John Craig First and Lacey First's custom harvesting
`and hauling business operating under the name First Farms and Trucking,
`LLC.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 14 of 25
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`78. Defendants' authorized representative Jack Hanley has personal
`knowledge of Plaintiff John Craig First and Lacey First's need for reliable
`equipment to operate its custom harvesting and hauling business operating
`the name First Farms and Trucking, LLC.
`79. Defendants' authorized representative Jack Hanley has personal
`knowledge of Plaintiff John Craig First and Lacey First relying upon his
`representations as to the condition, hours and status as "Certified Pre-
`Owned" of the AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner
`7200 30 HUW 7179 Rigid Flex Head.
`80. Shortly after Plaintiffs purchased and took possession of the
`AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW
`7179 Rigid Flex Head, Plaintiffs began to experience problems.
`81. Defendants' Service Field Manager "Curtis" has personal
`knowledge of some of the mechanical problems with the AGCO Gleaner A76
`HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW 7179 Rigid Flex
`Head.
`
`82. Both Defendants' authorized representative Jack Hanley and
`Defendants' Service Field Manager "Curtis" have personal knowledge as to the
`"down time" experienced by Plaintiffs due to the mechanical problems with
`the AGCO Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30
`HUW 7179 Rigid Flex Head.
`
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 15 of 25
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`83. After multiple unsuccessful attempts at repairing the AGCO
`Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW 7179
`Rigid Flex Head, Plaintiffs generall.y and Plaintiff John Craig First, specifically
`learned that the Rotary Combine engine hours were not as represented by
`Defendants.
`84. After multiple unsuccessful attempts at repairing the AGCO
`Gleaner A76 HUC724 Rotary Combine and AGCO Gleaner 7200 30 HUW 7179
`Rigid Flex Head, Plaintiffs generally and Plaintiff John Craig First, specifically
`learned that the Rotary Combine engine hours were over' 900 hours, more
`than twice the hours represented by Defendants.
`85. After multiple unsuccessful attempts at repairing the AGCO
`Gleaner A76 HUC724 Rotary Combine, Plaintiffs generally and Plaintiff John
`Craig First, specifically learned that the combine was . sold as new .to its
`original owner by Defendant Rolling Plains.
`86. Plaintiffs believe and therefore assert, that Defendants jointly
`engaged in a course of conduct to deceive and commit fraud upon the
`Plaintiffs generally and Plaintiff John Craig First, specifically by purposefully
`"rolling back" the engine hours on the AGCO Gleaner A76 HUC724 Rotary
`Combine.
`87. Plaintiffs believe and therefore assert, that it takes specialized
`equipment to "roll back" engine hours on the AGCO Gleaner A76 HUC724
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 16 of 25
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`Rotary Combine Defendants sold to Plaintiffs generally and Plaintiff John
`Craig First.
`88. Plaintiffs believe and therefore assert, that Defendants had
`sufficient contact and involvement with the AGCO Gleaner A76 HUC724
`Rotary Combine sold to Plaintiffs generally and Plaintiff John Craig First to
`know the engine hours were "rolled back".
`89. Plaintiffs believe and therefore assert, that Defendants had
`sufficient contact and involvement with the design of the AGCO Gleaner A76
`HUC724 Rotary Combine's system to know that "rolling back" the hour meter
`takes specialized equipment.
`90. Plaintiffs believe and therefore assert, that Defendants had
`sufficient contact and involvement with the design of the AGCO Gleaner A76
`HUC724 Rotary Combine's system to know that "rolling back" the hour meter
`takes a specific intent to do so.
`91.' Not only were Plaintiffs generally and Plaintiff John Craig First
`specifically mislead as to the engine hours on the AGCO Gleaner A76 HUC724
`Rotary Combine, they were also misled as to the documents presented at the
`time.of sale.
`92. Prior to asking for Plaintiff John Craig First's signature on the
`Retail' Installment Contract and Security Agreement (Agricultural and
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 17 of 25
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`Commercial Use), Plaintiff was advised as to the interest rate, amount
`financed and payment schedule.
`93. Prior to asking for Plaintiff John Craig First's signature on the
`Retail Installment Contract and Security Agreement (Agricultural and
`Commercial Use), Plaintiff was provided a portion of the AGCO Protection
`Plan (United States) documentation.
`94. Prior to asking for Plaintiff John Craig First's signature on the
`Retail Installment Contract and Security Agreement (Agricultural and
`Commercial Use), Defendants' authorized representative confirmed the
`engine hours on the AGCO Gleaner A76 HUC724 Rotary Combine and some of
`the benefits of purchasing the Certified Pre-Owned AGCO Gleaner A76
`HUC724 Rotary Combine were discussed.
`95. Defendants' representations and omissions amount to -
`fraudulent inducement to get Plaintiff John Craig First to sign the Retail
`Installment Contract and Security Agreement (Agricultural and Commercial
`Use) and AGCO Protection Plan (United States) documents.
`96. Based on the representations by Defendants Plaintiff John Craig
`First signed documents as requested.
`97. Defendants did not explain the Arbitration Provision.
`98. Defendants' representations about the entire Retail Installment
`Contract and Security Agreement (Agricultural and Commercial Use) and
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 18 of 25
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`AGCO Protection Plan (United States) documents before Plaintiff John Craig
`First signed documents as requested amount to a misrepresentation of the
`terms and fraudulent inducement.
`99. At all times relative to the subject matter of this lawsuit,
`Defendants' representatives and/or employees were acting on their.joint and
`collective behalf, and these actions were performed in the normal course and
`scope of the business relationship.
`100. Defendants' actions have caused money damages to Plaintiffs
`generally and Plaintiff John Craig First specifically.
`101. Defendants' actions have caused stress and emotional damages
`to Plaintiffs generally and Plaintiff John Craig First specifically.
`102. Defendants' actions amount to fraud, fraudulent inducement and
`negligence, and as such warrant the imposition of actual and punitive
`damages.
`103. Defendants' actions are in violation of the Oklahoma Consumer
`Protection Act and as such warrant statutory damages and attorney fees.
`104. Defendants' actions amount to gross negligence and/or
`intentional conduct, and as such warrant the imposition of punitive damages.
`105. Defendants' actions amount to the tort of outrage, and as such
`warrant the imposition of punitive damages.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 19 of 25
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`106. The actions of Defendants' are believed to be part of a pattern
`and practice of behavior designed, developed and promoted by Defendants'
`management and ownership.
`CAUSES OF ACTION
`
`FRAUD
`107. Plaintiffs incorporates Paragraphs "1" to "106" herein by
`reference.
`108. Defendants informed Plaintiffs generally and Plaintiff John Craig
`First specifically the engine hours on the AGCO Gleaner A76 HUC724 Rotary
`Combine were 438 when Defendants knew that to be untrue.
`109. Defendants intentionally presented incomplete and inaccurate
`documents to Plaintiffs generally and Plaintiff John Craig First specifically to
`support their false statements.
`110. Defendants intentionally presented i_ncomplete and inaccurate
`documents to Plaintiffs generally and Plaintiff John Craig First specifically to
`support their false statements and did so with the intent for Plaintiffs to rely
`on such false statements.
`111. Plaintiffs generally and Plaintiff John Craig First specifically did
`in fact rely on Defendants' false statements, to their detriment.
`112. Defendants' actions amount to fraud.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 20 of 25
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`FRAUDULENT INDUCEMENT
`113. Plaintiffs incorporate Paragraphs "1" to "112" herein by
`reference.
`114. Defendants made the false representations referenced in above
`in order to induce Plaintiffs generally and Plaintiff John Craig First specifically
`to sign their form contracts.
`115. When Defendants' authorized representative chose to make
`representations about the Retail Installment Contract and . Security
`Agreement (Agricultural and Commercial Use) and AGCO Protection Plan
`(United States) he was required to make a complete explanation of its terms,
`including the Arbitration Provision.
`116. Defendants' authorized representative did not explain the terms
`of the Retail Installment Contract and Security Agreement (Agricultural and
`Commercial Use) and AGCO Protection Plan (United States), including the
`Arbitration Provision.
`117. Defendants' actions amount to fraudulent inducement.
`NEGLIGENCE
`118. Plaintiff incorporates Paragraphs "1" to "117" herein by
`reference.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 21 of 25
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`119. Defendants owed a duty to Plaintiffs generally and Plaintiff John
`Craig First specifically to protect them from their authorized representatives
`lying.
`
`120. Defendants breached their duty when their authorized
`representative(s) lied to Plaintiffs generally and Plaintiff John Craig First
`specifically regarding the terms of the deal and they suffered harm as a result.
`121. Defendants' actions amount to negligence.
`VIOLATION OF OKLAHOMA CONSUMER PROTECTION ACT
`122. Plaintiff incorporates Paragraphs "1" to "121" herein by
`reference.
`123. The Oklahoma Consumer Protection Act declares it unlawful for
`a business to make a false or misleading representation as to the subject of a
`consumer transaction.
`124. Defendants falsely informed Plaintiffs generally and Plaintiff
`John Craig First specifically the engine hours on the AGCO Gleaner A76
`HUC724 Rotary Combine were 438 when Defendants knew that to be untrue,
`which amounts to a violation of the Oklahoma Consumer Protection Act.
`125. The Oklahoma Consumer Protection Act provides for actual
`damages and costs of litigation including reasonable attorney's fees.
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`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 22 of 25
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`-
`TORT OF CIVIL CONSPIRACY
`126. Plaintiff incorporates Paragraphs "1" to "125" herein by
`reference.
`127. Defendants', having a purposeful and deliberate intent and
`acting in concert to effect an unlawful act by unlawful means constitutes a
`civil conspiracy acted upon Plaintiffs generally and Plaintiff John Craig First,
`specifically.
`
`TORT OF OUTRAGE
`128. Plaintiffs incorporate Paragraphs "1" to "127" herein by
`reference.
`129. The conduct of Defendants is so extreme in degree, as to go
`beyond all possible bounds of decency, and regarded as atrocious, and utterly
`intolerable in a civilized community so as to warrant the imposition of actual
`and punitive damages.
`BREACH OF THE IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING
`130. Plaintiffs incorporate Paragraphs "1" to "129" herein by
`reference.
`131. Defendants, having a purposeful and deliberate intent and acting
`in concert to deny Plaintiffs generally and Plaintiff John Craig First,
`specifically the benefit of his bargain have breached the implied duty of good
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`faith and fair dealing in carrying out their contractual obligations. See 15 O.S.
`§ 141.24.
`132. Defendants, having a purposeful and deliberate intent and acting
`in concert to deny Plaintiffs generally and Plaintiff John Craig First,
`specifically the benefit of his bargain have breached the implied duty of good
`faith and fair dealing in carrying out their contractual obligations for which
`they are liable to Plaintiffs for all damages recoverable under Oklahoma
`Uniform Jury Instructions-3d (REV. 2009), numbers 22.1, 22.2, .22.3, 22.4,
`22.5, 22.6 and 22.7.
`WHEREFORE, the plaintiffs pray for judgment against the defendant,
`for actual and punitive damages, both in an amount in excess of the amount
`required for federal diversity jurisdiction, for fraud, fraudulent inducement,
`negligence, civil conspiracy, the tort of outrage, breach the implied duty of
`good faith and fair dealing in carrying out their contractual obligations and
`statutory damages for violation of the Oklahoma Consumer Protection Act
`regarding the sale of an AGCO Gleaner A76 HUC724 Rotary Combine and
`AGCO Gleaner 7200 30 HUW 7179 Rigid Flex Head purchase by Plaintiffs
`generally_and Plaintiff John Craig First, specifically, all separately, jointly and
`in the alternative, plus attorney fees, interest and costs.
`ATTORNEY LIEN CLAIMED
`JURY TRIAL DEMANDED
`
`23
`
`

`

`Case 5:20-cv-01104-HE Document 1-1 Filed 10/30/20 Page 24 of 25
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`Joseph T. Acquaviva, Jr., OBA #11743
`JTAcclua@wcalaw.com
`WILSON, CAIN & ACQUAVIVA
`300 N.W.13th Street, Suite 100
`Oklahoma City, OK 73103
`Telephone: (405) 236-2600
`Fax:
`(405) 231-0062
`-and-
`Kevin Bennett, OBA #14185
`400 N. Walker Avenue, Suite 260
`Oklahoma City, OK 73102
`(405) 272-0303 (phone)
`(405) 702-4984 (fax)
`kevin@bennettlawokc.com
`Attorney for Plaintiff
`
`24
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