SACRAMENTO, Calif. (Legal Newsline) – Two California men have filed suit against Tractor Supply Co. over allegations it sold hydraulic fluid that was misrepresented as suitable for tractors.
Duane Fosdick and Jack Kimmich, on behalf of themselves and all others similarly situated, filed a complaint on Sept. 16 in the U.S. District Court for the Eastern District of California against Smitty's Supply Inc. and Tractor Supply Co. alleging negligence, breach of express warranty, breach of implied warranty, unjust enrichment, fraudulent misrepresentation, negligent misrepresentation, violation of the California Unfair Competition Law and false and misleading advertising.
The plaintiffs allege they purchased 303 tractor hydraulic fluid from Tractor Supply manufactured by Smitty's Supply. They allege the use of the term "303" is misleading as traditional 303 John Deere hydraulic fluid has been obsolete for nearly 50 years since it contained sperm whale oil as a main ingredient, which was outlawed for use in the 1970s.
The suit states the 303 products were manufactured with flush oil, line wash or other waste oil products that are not suitable for tractor hydraulic fluid. They allege the defendants made a number of representations about the fluid that they were not aware of in reality or able to prove being true, like the fluid meets the requirements of anti-wear properties or is suitable for tractors.
The plaintiffs also allege the defendants also failed to notify the plaintiffs that their equipment would suffer due to the usage of the hydraulic fluid.
The plaintiffs are seeking trial by jury, just relief, attorneys' fees, court costs and interest. They are represented by Stephen R. Basser and Samuel M. Ward of Barrack, Rodos & Bacine in San Diego; Thomas V. Bender and Dirk Hubbard of Horn Aylward & Bandy LLC in Kansas City, Missouri; and William Carr and Bryan T. White of White, Graham, Buckley & Carr LLC in Independence, Missouri.
U.S. District Court for the Eastern District of California case number 2:19-cv-01850