Revitalize 360, L.L.C. v. CryoUSA Import & Sales, L.L.C.
Dallas County, Texas
Breach of Contract. Texas Deceptive Trade Practices—Consumer Protection Act. Plaintiff bought cryochamber for $45,000 to operate cryotherapy business.
- Lead counsel for plaintiff Revitalize 360, L.L.C. Plaintiff bought cryochamber from Defendant Distributor for $45,000 under CryoChamber + Touch Screen Purchase Agreement. Defendant duty under contract to train operators, install cryochamber, repair or replace parts for 2-year period under Limited Liability provision. Duty to provide equipment free from defect under Express Warranty.
- Lowest settlement demand $45,000. Highest offer $25,000.
- Defendant marketing documents represented equipment would use 2-3 liters liquid nitrogen per session at cost of $5 per session operating cost. Represented $75 per session charge, at least, for operating profit per session of $70 minimum.
- Within first month after install, equipment leaked massive amounts of liquid nitrogen. Defendant never fixed problem with thermostat over 3 years, despite replacing multiple times and effort to repair other unsolved problems.
- Subpoena of liquid nitrogen supplier records. Records proved Plaintiff used average 105 liters liquid nitrogen per session, instead of 2-3 as represented. Operating cost approximately $67 per session, instead $5 as represented.
- Trial by Zoom Video June 2020.
- Final Judgment rendered August 2020 in favor of Plaintiff. Finding Breach of Contract, Breach of Express Warranty (DTPA violation). Awarded economic damages $48,712.50 (purchase price + sales tax), pre-judgment interest $5,601.93, court costs, attorneys' fees, and attorneys' fees in the event of unsuccessful appeal.