Earl and Lynn Wright v. General Motors Corporation
Published: Aug. 20, 2002 | Result Date: Dec. 10, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC757372 Verdict – $96,369
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Henry Poelman
(technical)
Facts
The plaintiffs purchased a new Chevrolet Suburban for their personal and family use. During the first year of
ownership and 18,000 miles of use, the vehicle was returned to the dealership three times for one air
conditioning failure and two related repairs between 6,100 miles and 7,500 miles, and a single transmission
failure at 17,500 miles.
As a result of these repair attempts, the vehicle was out of service for approximately 50 days.
Following the air conditioning repairs, the plaintiffs contacted the defendant and requested a replacement
vehicle. They were provided a measure of goodwill in the form of an extended 100,000 mile service contract.
When the transmission failed a couple of months later, the plaintiffs retained legal counsel and a written
demand was sent to the defendant to repurchase the vehicle under California's Lemon Law.
Other than to acknowledge its receipt, the defendant did not respond to the plaintiffs' written Lemon Law
demand.
The plaintiffs filed suit.
During the pendency of the litigation, the plaintiffs continued to use the subject vehicle without the necessity of
further repairs.
At the time of trial, the vehicle had approximately 45,000 miles on it, according to
plaintiffs' counsel. According to defendant's counsel, the vehicle had traveled 60,000 miles.
Settlement Discussions
The plaintiffs demanded a repurchase of the subject vehicle (amount negotiable) and payment of the plaintiffs' attorney fees and the costs of the suit. The defendant offered $10.000.
Damages
The plaintiffs asked the jury to award a refund of the down payment, monthly finance payments and loan payoff, less an offset for mileage attributable to use of the vehicle prior to the first repair attempt, all in the sum of $46,368. The plaintiffs also asked the jury to consider awarding a statutory civil penalty against the defendant of up to two times the plaintiffs' damages for its "willful" failure to comply with the Lemon Law.
Result
PLEASE PROVIDE US THE CITY OF LOCALE AND EXPERTISE FOR HENRY POELMAN
Other Information
Pursuant to statute, the plaintiffs were entitled to an award of their reasonably incurred attorney fees and costs of suit. The parties negotiated a settlement of the plaintiffs' attorney fees and costs in lieu of a fee and costs petition to the court. The plaintiffs subsequently returned their 2000 Suburban and purchased a 2002 Suburban as its replacement.
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