Facts

Ethan McCarthy sued Mira Auto Sales Inc. and Western Surety Co., concerning a vehicle he purchased from defendant.

PLAINTIFF'S CONTENTIONS:
On May 4, 2013, plaintiff purchased a used 2008 Dodge Caliber from Mira Auto Sales. The dealership allegedly agreed to include a warranty for no additional charge. Plaintiff later discovered that the document was actually a service contract. Soon after purchase, he began hearing knocking noises and subsequently found out that the entire car's engine block, clutch, turbocharger, and intercooler needed to be replaced due to pre-existing damage. Plaintiff attempted to return the car to the dealership via the warranty, but the dealer refused to fix his car. Plaintiff sued the dealership and the bond company, alleging that the car's condition constituted a violation of the state's "lemon law."

DEFENDANTS' CONTENTIONS:
Plaintiff allegedly purchased the used vehicle "as-is" and, as such, defendants were not responsible for the repairs.

Damages

McCarthy sought a rescission of the contract, amounting to around $15,000 to $20,000.

Result

The jury found that an implied warranty existed and that defendants violated the state consumer laws by intentionally misrepresenting the condition of the vehicle. It then awarded McCarthy $18,977 in damages.

Other Information

FILING DATE: Feb. 7, 2014.