Zmuda v. Chesterfield Valley Power Sports, Inc.

Ed Zmuda (“Zmuda”) appeals the judgment of the trial court granting the motion to dismiss of Chesterfield Valley Power Sports, Inc. (“Chesterfield Valley”) with prejudice. Zmuda argues the trial court erred in granting Chesterfield Valley’s motion because he stated a claim upon which relief can be granted for violation of section 484.020 RSMo (2000) 1 and the Missouri Merchandising Practices Act, section 407.010, et seq. We reverse and remand.

Zmuda filed a class action petition stemming from his purchase of an all-terrain vehicle (“ATV”) from Chesterfield Valley. In connection with Zmuda’s…