IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

[PLAINTIFF NAME],
  Plaintiff,
v.
[MANUFACTURER NAME], a [State of Incorporation] corporation; and
[DEALER NAME], a [State of Incorporation] corporation,
  Defendants.

Case No. _______

VERIFIED COMPLAINT

(1) Violation of Nebraska Uniform Motor Vehicle Warranty Act
   (Neb. Rev. Stat. §§ 60-2701 – 2709)
(2) Breach of Express Warranty
(3) Breach of Implied Warranty of Merchantability
(4) Violation of Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
(5) Injunctive Relief – Vehicle Replacement
(6) Attorneys’ Fees and Costs

[// GUIDANCE: Insert clerk’s file stamp block in upper-right corner per local practice.]

TABLE OF CONTENTS

1. Parties ............................................................................... 2
2. Jurisdiction and Venue ..................................................... 2
3. Statutory Framework and Coverage Definitions ............................ 3
4. Factual Allegations ............................................................ 4
5. Conditions Precedent & Statutory Remedy Procedures ........................ 6
6. Counts ............................................................................... 7
   Count I – Nebraska Lemon Law .............................................. 7
   Count II – Breach of Express Warranty ..................................... 8
   Count III – Breach of Implied Warranty .................................... 9
   Count IV – Magnuson-Moss Warranty Act ..................................... 10
   Count V – Injunctive Relief (Vehicle Replacement) ........................ 11
7. Prayer for Relief ............................................................ 12
8. Jury Demand ...................................................................... 13
9. Verification ......................................................................... 14

[// GUIDANCE: Remove Table of Contents if local rules discourage it.]

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual domiciled at [ADDRESS], [County] County, Nebraska, and is the purchaser and registered owner of the motor vehicle that is the subject of this action (“Vehicle,” defined below).

1.2 Defendant [MANUFACTURER NAME] (“Manufacturer”) is a corporation organized under the laws of [STATE] with its principal place of business at [ADDRESS], authorized to transact business in Nebraska and engaged in the manufacture and warranty of the Vehicle.

1.3 Defendant [DEALER NAME] (“Dealer,” and together with Manufacturer, “Defendants”) is a corporation organized under the laws of [STATE] with its principal place of business at [ADDRESS], and at all relevant times was an authorized dealer and repair facility for Manufacturer within Nebraska.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Neb. Rev. Stat. § 24-302 because the amount in controversy exceeds $57,000 and the claims arise under Nebraska statute.

2.2 Personal jurisdiction over Defendants exists because each Defendant regularly conducts and transacts business in Nebraska, and the acts and omissions complained of occurred in Nebraska.

2.3 Venue is proper in this Court under Neb. Rev. Stat. § 25-403.01 because the transactions at issue occurred and the Plaintiff resides in [COUNTY] County.

3. STATUTORY FRAMEWORK AND COVERAGE DEFINITIONS

3.1 “Lemon Law” means the Nebraska Uniform Motor Vehicle Warranty Act, Neb. Rev. Stat. §§ 60-2701 – 2709 (2023).

3.2 “Vehicle” means one (1) new [YEAR, MAKE, MODEL, VIN] passenger motor vehicle purchased by Plaintiff on [DATE] from Dealer and covered by Manufacturer’s express written warranty. The Vehicle falls within the class of “motor vehicles” governed by Neb. Rev. Stat. § 60-2701(7).

3.3 “Warranty Period” means the period ending the earlier of (a) the term of Manufacturer’s express warranty, or (b) one (1) year following the Vehicle’s original delivery to Plaintiff, per Neb. Rev. Stat. § 60-2702(1).

3.4 “Non-conformity” means any defect, condition, or malfunction that substantially impairs the use, value, or safety of the Vehicle, as defined in Neb. Rev. Stat. § 60-2702(10).

3.5 “Reasonable Number of Attempts” means either:
 (a) four (4) repair attempts for the same Non-conformity within the Warranty Period, or
 (b) thirty (30) or more cumulative business days the Vehicle is out of service for warranty repairs within the Warranty Period, consistent with Neb. Rev. Stat. § 60-2703(1).

3.6 “Informal Dispute Settlement Procedure” (“IDSP”) means a Manufacturer-sponsored arbitration program certified pursuant to 16 C.F.R. Part 703.

4. FACTUAL ALLEGATIONS

4.1 On [DATE], Plaintiff purchased the Vehicle from Dealer for $[PRICE], receiving Manufacturer’s [TERM]/ [MILEAGE] express written warranty.

4.2 Beginning on or about [DATE], and continuing thereafter, the Vehicle manifested multiple Non-conformities, including but not limited to:
 a. Engine stalling at highway speed;
 b. Electrical system failures causing instrument cluster blackout;
 c. Transmission hesitation and shudder; and
 d. Persistent “Check Engine” indicator despite repairs.

4.3 Plaintiff presented the Vehicle to Dealer and other authorized repair facilities on at least [NUMBER] separate occasions during the Warranty Period for correction of the above Non-conformities. A summary repair chronology is attached as Exhibit A.

4.4 Despite those repair attempts, the Non-conformities were not cured, substantially impairing the Vehicle’s use, value, and safety.

4.5 The Vehicle was out of service for warranty repairs for an aggregate total of [NUMBER] business days during the Warranty Period, exceeding the statutory threshold in Neb. Rev. Stat. § 60-2703(1)(b).

4.6 All conditions precedent to relief under the Lemon Law, including written notice to Manufacturer on [DATE] pursuant to Neb. Rev. Stat. § 60-2703(2), have been satisfied or waived.

5. CONDITIONS PRECEDENT & STATUTORY REMEDY PROCEDURES

5.1 Arbitration Requirement. Nebraska’s Lemon Law does not require consumers to submit to IDSP arbitration as a jurisdictional prerequisite to filing suit; however, participation may affect the recovery of reasonable attorneys’ fees.

5.2 Plaintiff ☐ has / ☐ has not (check one) submitted the claim to Manufacturer’s IDSP on [DATE]. The outcome ☐ did / ☐ did not resolve the dispute.

[// GUIDANCE: If arbitration occurred, attach the decision as Exhibit B and adjust allegations accordingly.]

5.3 More than thirty (30) days have passed since Plaintiff demanded a statutory remedy, and Manufacturer has failed to replace the Vehicle or refund the purchase price as mandated by Neb. Rev. Stat. § 60-2703(1).

6. COUNTS

COUNT I – Violation of Nebraska Uniform Motor Vehicle Warranty Act

(Against Manufacturer)

6.1 Plaintiff realleges paragraphs 1 through 5 as if fully set forth herein.

6.2 Manufacturer failed to repair the Non-conformities after a Reasonable Number of Attempts.

6.3 Pursuant to Neb. Rev. Stat. § 60-2703(1), Plaintiff is entitled to either a replacement vehicle of comparable value or a refund of the full purchase price, less a reasonable allowance for mileage not to exceed the Vehicle’s value, along with incidental and consequential damages.

COUNT II – Breach of Express Warranty

(Against Manufacturer)

6.4 Manufacturer issued an express written warranty promising to repair any defects in material or workmanship.

6.5 Manufacturer breached that warranty by failing to conform the Vehicle to the warranty after reasonable opportunity.

6.6 Plaintiff suffered damages including loss of use, diminution in value, and costs of alternative transportation.

COUNT III – Breach of Implied Warranty of Merchantability

(Against Manufacturer and Dealer)

6.7 The Vehicle was not fit for the ordinary purposes for which such goods are used.

6.8 Plaintiff provided timely notice of breach as required by Neb. U.C.C. § 2-607(3)(a).

COUNT IV – Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

(Against Manufacturer)

6.9 The amount in controversy exceeds $50,000 exclusive of interest and costs; therefore, this Court retains concurrent jurisdiction.

6.10 Manufacturer’s breach of express and implied warranties violates 15 U.S.C. § 2310(d).

COUNT V – Injunctive Relief (Vehicle Replacement)

(Against Manufacturer)

6.11 Monetary damages alone are inadequate because Plaintiff continues to possess an unsafe Vehicle.

6.12 Plaintiff seeks specific performance compelling Manufacturer to provide a new, comparable replacement vehicle pursuant to Neb. Rev. Stat. § 60-2703(1).

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants, jointly and severally, awarding:

A. Vehicle replacement with a new motor vehicle of comparable value and specifications, or, in the alternative, a full refund of the purchase price (inclusive of taxes, fees, and finance charges), less a mileage offset as provided by statute;
B. Incidental and consequential damages in an amount to be proved at trial;
C. Pre- and post-judgment interest as allowed by law;
D. Reasonable attorneys’ fees and costs pursuant to Neb. Rev. Stat. § 60-2703(6) and 15 U.S.C. § 2310(d)(2);
E. Any further relief the Court deems just and equitable.

[// GUIDANCE: If seeking punitive damages under any ancillary claim, add a separate paragraph and verify state-law availability.]

8. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable as a matter of right under the Constitution of the State of Nebraska.

9. VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action; that I have read the above Verified Complaint and know the contents thereof; and that the same is true to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]

STATE OF NEBRASKA )
           ) ss.
COUNTY OF __ )

Subscribed and sworn before me this ___ day of ____, 20__, by [PLAINTIFF NAME].

Notary Public
My Commission Expires: ____

10. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: _______
[ATTORNEY NAME], # [Bar Number]
[Address]
[City, State ZIP]
Telephone: [Phone]
Email: [Email]

Attorney for Plaintiff

[// GUIDANCE:
1. Attach Exhibits A–B (repair orders, arbitration decision) as separate PDFs when filing.
2. Verify current statutory citations before final filing; update year of code if citation version changes.
3. Confirm local rule requirements for pleading format (e.g., font size, margins, certificate of service).]