Pamela Dompe v. Mercedes-Benz of North America, Inc.
Published: Mar. 28, 1998 | Result Date: Feb. 26, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC148437 Verdict – $37,776
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert F. Brennan
(Law Offices of Robert F. Brennan APC)
Defendant
Gregg M. Audet
(Office of the Anaheim City Attorney)
Facts
On April 14, 1994, plaintiff Pamela Dompe, purchased a 1994 Mercedes-Benz C 280, with a Mercedes-Benz limited warranty for 48 months or 50,000 miles. In April 1994, she complained of the vehicle pulling to the right. She complained to Mercedes dealerships on several occassions about odd noises, various electrical problems, engine complaints and various fit and finish items. She complained that the vehicle's ABS system did not bring the car to a stop within a reasonable distance. As she owned the car for a longer period, the engine and cooling system began manifesting various problems, including recurring oil leaks and engine coolant leaks. Per the plaintiff, the vehicle's entire cooling system was replaced at one time or another. In all, plaintiff had taken the car in for repairs at Mercedes dealerships a total of over 20 times in almost four years, as of the trial date. While she owned the car, she had three or four minor collisions, all of which were repaired. The plaintiff brought this action against the defendant based on the Song-Beverly Act.
Settlement Discussions
Per the plaintiff, the defendant offered a replacement vehicle in fall 1997 but no attorney fees. Per the defendant, it offered a replacement vehicle with substantial upgrades and no statutory offset. The plaintiff was willing to accept a replacement vehicle and $8,000 in fees at the time.
Damages
The plaintiff requested damages equal to the amount of the purchase price $37,776, plus a civil penalty of up to treble damages.
Other Information
The verdict was reached approximately two years after the suit was filed. According to defendants, post-trial discussions with jurors indicated that they found one defect - the vehicle's key sticking in the ignition - and rejected the plaintiff's other defect claims.
Poll
10-2
Length
six days
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