Facts

Dannelle McDermott sued Toyota Motor Sales USA Inc. and Carmax Auto Superstores California LLC. McDermott bought a used Toyota from Carmax and repeatedly complained to the dealer about a clicking noise and a loose feeling in the driver's seat. As a result, the dealer made two repairs, including replacing the driver's seat. After the repairs were made, McDermott continued to make the same complaints to the dealer. However, because the dealer could not confirm McDermott's post-repair complaints, it refused to make further repairs. Toyota ultimately refused to purchase the car from McDermott.

PLAINTIFF’S CONTENTIONS: McDermott alleged that Toyota violated the Song-Beverly Consumer Warranty Act when it failed to repurchase the car and when it failed to repair the vehicle.

DEFENDANTS’ CONTENTIONS: Toyota alleged that it repaired the vehicle when it replaced the driver’s seat and that there was no problem with the seat thereafter. Further, Toyota argued that it did not willfully violate the Song-Beverly Consumer Warranty Act.

Settlement Discussions

McDermott demanded $200,000 and Toyota offered $8,000.

Damages

McDermott sought incidental damages, consequential damages, restitution, attorney fees, costs, and a civil penalty against Toyota.

Result

The jury found for Toyota.

Other Information

Jury Composition: 7 male, 5 female

Deliberation

70 minutes

Poll

10-2