Facts

Tyree Newton bought a used BMW 750Li with 12,506 miles. The purchase included the remainder of BMW's bumper-to-bumper warranty that covered defects in materials or workmanship for four years or 50,000 miles. On multiple occasions Newton presented his car to a BMW-authorized repair center for various issues including excessive oil consumption. Ultimately, at 54,112 miles, BMW's authorized repair facility replaced the motor. Newton later sued BMW for breach of express and implied warranty under the Song-Beverly Consumer Warranty Act.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the subject vehicle was sold with a defective engine which manifested in drivability concerns as well as excessive consumption of oil. Plaintiff alleged that the defective engine substantially impaired the use, value and safety of the subject vehicle. Plaintiff contended that BMW was aware of these issues with this engine. Plaintiff alleged that BMW was unable to conform the subject vehicle to the written warranty within a reasonable number of repair attempts. Further, plaintiff contended that BMW's conduct in failing to repurchase or replace the subject vehicle was willful and thus warranted a civil penalty.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions and contended that plaintiff's vehicle passed all oil consumption tests defendant administered. Defendant also contended that upon inspection plaintiff's vehicle met defendant's automotive standards.

Settlement Discussions

Prior to trial, BMW made a statutory offer to compromise pursuant to California Code of Civil Procedure Section 998 for $20,000 not inclusive of attorneys' fees and costs.

Result

The jury awarded plaintiff a $98,332.80 restitution award and issued a $196,665.60 penalty against defendant. Ultimately, plaintiff received a total recovery of $294,998.40.

Deliberation

3 hours.

Poll

12-0

Length

5 days.