Jay and Kathryn Tate v. Altman's Winnebago, Winnebago Industries, Inc.; Keyes Toyota and Toyota Motor Sales, USA, et al.
Published: Sep. 16, 1995 | Result Date: Aug. 2, 1995 | Filing Date: Jan. 1, 1900 |Case number: LC020860 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Thomas M. Murphy
(Sutton & Murphy)
Experts
Plaintiff
Lou Nanos
(technical)
Facts
On May 10, 1992, Plaintiffs Jay and Kathryn Tate purchased a 1992 Winnebago Micro Mini Warrior motor home from Altman's R.V. Center. The purchase price was $28,235. Shortly after the purchase, Plaintiffs complained of a number of problems, including: rear transmission fluid leaks; difficulty with transmission shifting; difficulty getting the vehicle into reverse, second, and fifth gears; poor mileage; plumbing problems; front window leaks; and misalignment. In addition Plaintiffs also claimed that the vehicle was overweight in that when loaded, the vehicle would exceed the gross vehicle weight rating of 6,000 pounds. The Defendants involved were: Winnebago Industries, Inc., manufactured the motor home, excluding the chassis; Altman's Winnebago, sold and repaired the subject motor home; Keyes Toyota, provided repairs and service to chassis portion of the motor home; and Toyota Motor Sales, U.S.A., manufactured the chassis portion of the vehicle.
Settlement Discussions
Defendants contend that Toyota Motor Sales made a 998 offer of $10,000 and Winnebago Industries, Inc., made a 998 offer of $20,000 ($35,000 combined offer as of September 20, 1994) and Plaintiffs' original demand was $75,000 increased to $120,000 on September 29, 1994 and increased to $175,000 on June 21, 1995.
Damages
$71,918 purchase price, incidental and consequential damages, interest, and repairs; $143,836 civil penalty (for violation of Civil Code Section 1794(c).
Other Information
Immediately prior to the trial, Plaintiffs settled with Keyes Toyota and Toyota Motor Sales, U.S.A. for $10,000.
Deliberation
45 minutes
Poll
12-0
Length
8 days
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