Israel Gonzales and Darmont Construction Corp. v. Mercedes-Benz USA, LLC
Published: Jul. 2, 2020 | Result Date: Feb. 27, 2020 | Filing Date: Nov. 14, 2017 |Case number: SC128379 Verdict – $355,841
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Brian T. Shippen-Murray
(Law Offices of Michael H. Rosenstein)
Gregory Sogoyan
(Quill & Arrow LLP)
Defendant
Benson Y. Douglas
(The Lehrman Law Group)
Facts
Israel Gonzales and his company Darmont Construction Corp. purchased a new Mercedes S63 AMG from Mercedes-Benz USA, LLC. However, when plaintiff sought repairs from Mercedes-Benz after a flat tire, the repair was not covered because the warranty did not cover damage caused by a pothole. Plaintiffs sued Mercedes-Benz on the warranty.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant refused to fix their vehicle on several occasions. Plaintiffs further contended that defendant did not resolve plaintiffs' tire issue when defendant decided to finally address the issue. Plaintiffs also contended defendant owed damages for violating the state's lemon law, the Song-Beverly Consumer Warranty Act, Plaintiffs further contended that they endured recurring suspension issues and unusual tire wear from after taking the vehicle to defendant on several occasions.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The jury award plaintiffs a $355,841 damages award which included a $118,613 restitution award and a $237,227 civil penalty.
Deliberation
4.5 hours
Length
4 days
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