Darin Davis v. Newmar Corporation, Freightliner Custom Chassis Corporation, La Mesa R.V. Center Inc., Thor Credit Corporation
Published: Jan. 27, 2004 | Result Date: Aug. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC272729 Verdict – $575,630
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Defendant
Ronald Anderson
(technical)
John Fritz
(technical)
Kenneth Miller
(technical)
Facts
Darin Davis, 37, claimed that Newmar Corporation and Freightliner Custom Chassis Corporation willfully violated the Song-Beverly Consumer Warranty Act, California's Lemon Law, by failing to replace or repurchase Davis' 2002 Newmar Dutch Star 38-foot motor home after their repair facilities failed to correct defects on the motor home after several attempts and within 30 days. The motor home was out of service for 90 days within the first year of ownership. Newmar contended that plaintiff could not maintain a Song-Beverly claim because he did not purchase the motor home in California and that Davis caused the windshield to shift and damaged the chassis.
Settlement Discussions
Davis demanded a new 2003 40-foot, diesel Newmar motor home plus severe upgraded options. Defendants offered a new 2004 40-foot, diesel Newmar motor home, equipped like plaintiff's 2002 motor home.
Damages
$191,877 in actual damages; $383,754 in civil penalties.
Result
$575,630
Other Information
Newmar's motion for judgment notwithstanding the verdict or alternatively for new trial will be heard on Feb. 6, 2004.
Deliberation
5.5 hours
Poll
11-1
Length
six days
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