John Franks v. Sunrise Ford
Published: Sep. 10, 2016 | Result Date: Mar. 23, 2016 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1408754 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
David H. Ricks
(David H. Ricks & Associates)
Defendant
Michael S. Geller
(Law Office of Michael Geller Inc)
Facts
John Franks sued Sunrise Ford, in connection with a contractual dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff purchased a used vehicle from defendant's dealership. The vehicle came with a standard used-car drivetrain warranty. Immediately after purchase, the vehicle began having anti-lock braking system issues. The service department topped the vehicle off with brake fluid and informed plaintiff that the problem had been fixed. The next day, plaintiff was involved in a collision because the car failed to stop. Plaintiff sustained injuries and sued the dealership, alleging that the faulty brake repair and inspections caused the collision. Plaintiff also claimed that defendant had recently replaced the rear brakes in the vehicle he just purchased days before his purchase and that it had been leaking brake fluid.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations. It claimed that plaintiff never returned to the dealership after his purchase. Defendant also maintained that the brakes were intact.
Settlement Discussions
Franks demanded $300,000 in settlement, while the dealership offered $7,500.
Injuries
Franks sustained injuries to various parts of his body, including his head, shoulders, and legs. Franks claimed he suffered from mild traumatic brain injury as a result of the condition that left him with severe headaches and a near complete vision loss in his right eye. Franks contended he could no longer work as a result of his condition.
Result
The jury found the dealership negligent in repairing the rear brakes even though the front brakes seemed to work fine. However, it also found that the dealership's negligence was not a substantial factor in causing the collision. The jury awarded Franks zero damages.
Other Information
FILING DATE: June 18, 2014.
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