Facts

On Feb. 1, 2006, plaintiff Duncan Sprinkle, and his wife Patricia Sprinkle, purchased a 2006 Lexus RX 400h from Fresno Lexus. Almost immediately, plaintiff began experiencing a clunking sound when the brakes were applied. The dealer technician initially could not find any problems with the brake system, but after repeated complaints, the dealer replaced the ABS brake actuator.

Plaintiff then began experiencing a "chattering" when the brakes were applied. The dealer found that the rotors were warped and replaced them.

Plaintiff continued to experience problems with the brake system, including recurrence of the clunking noise and chattering. The dealer discovered warped rotors again and replaced them. However, the abnormal clunking noise could not be duplicated and the dealer attributed the noise to normal brake operation.

Plaintiff claimed that the brake problems continued and that the dealer failed to properly diagnose and repair the problems. He ultimately deemed the vehicle unsafe to drive and in February 2010 stopped driving the vehicle and purchased a replacement.

Plaintiff then requested that TMS repurchase the vehicle. TMS conducted an investigation and denied plaintiff's request.

On April 26, 2010, plaintiff sued Toyota Motor Sales, U.S.A., Inc. for violations of the Song-Beverly and Magnuson-Moss Warranty Acts. He alleged that TMS breached express and implied warranties and willfully violated its obligations under the law. Plaintiff sought restitution, incidental and consequential damages, a civil penalty, attorney fees and costs.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the subject vehicle suffered from recurring brake problems, which caused a clunking noise, and chattering when the brakes were applied. He claimed that Lexus failed to properly diagnose and repair the brake defects. He further alleged that the brake defects substantially impaired the use, value and safety of the vehicle. He also claimed that the brake problems rendered the vehicle unsafe to drive.

DEFENDANT'S CONTENTIONS:
Defendant contended that the clunking noise that plaintiff experienced was a normal operation of the ABS actuator. Defendant claimed that the noise did not substantially impair the use, value or safety of the vehicle.

With regard to the brake chattering/warped rotors, defendant claimed that the condition was caused by plaintiff's driving habits. Specifically, defendant claimed that plaintiff drove in hilly areas which caused the brakes to overheat and the rotors to warp. The warped rotors were a normal consequence of such driving conditions and were not the result of any defect with the brake system.

Defendant denied that it had willfully violated its legal obligations and that its decision to deny plaintiff's repurchase request was reasonable and based on an appropriate investigation. Thus, defendant denied that plaintiff was entitled to a civil penalty.

Finally, defendant disputed plaintiff's entitlement to damages under the Magnuson-Moss Consumer Warranty Act on the grounds that plaintiff had failed to participate in defendant's informal dispute resolution/arbitration program. (The Magnuson-Moss Act requires participation in such a program before filing suit.)

Result

The jury returned a verdict in favor of Toyota Motor Sales U.S.A., Inc. under plaintiff's cause of action for breach of express and implied warranties under the Song-Beverly Act.

Other Information

At the conclusion of plaintiff's case in chief, defendant moved for nonsuit of plaintiff's causes of action under the Magnuson-Moss Act on the grounds that plaintiff had not participated in defendant's informal dispute resolution/arbitration program. The nonsuit motion was granted, limiting plaintiff's claims to the Song-Beverly Consumer Warranty Act. Plaintiff intends to appeal once the judgment is entered. Defendant has filed a cost bill in the amount of $22,683. Plaintiff intends to object, claiming the bill is inflated.

Deliberation

45 minutes

Poll

11-1

Length

seven days