Melissa A. Williams and Geoffrey G. Williams v. FCA US LLC, a Delaware Limited Liability Company; Chuck Patterson Inc., a California Corporation dba Chuck Patterson Toyota Scion Dodge Jeep Ram Chrysler; and Does l through 10, inclusive
Published: Mar. 19, 2021 | Result Date: Dec. 19, 2019 |Case number: 17CV02617 Verdict – $46,717
Judge
Court
Butte County Superior Court
Attorneys
Plaintiff
Richard M. Wirtz
(Wirtz Law APC)
Jessica R. Underwood
(Wirtz Law APC)
Defendant
Jeanette C. Suarez
(Gordon & Rees LLP)
Facts
Melissa Williams and Geoffrey Williams were the owners of a pre-owned 2012 Dodge Ram 2500 heavy duty pickup truck. The truck had an extended manufacturer's warranty and was intended to be Geoffrey's primary vehicle. The Williams took the vehicle back to the dealership for repairs several times before finally trading it in for another vehicle. The Williams then sued the dealership where they initially purchased the car, alleging violations of the Song-Beverly Consumer Warranty Act.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants sold them a defective vehicle. Less than a month after owning the vehicle, plaintiffs began to experience issues with power loss and surging. The vehicle also stopped unexpectedly and at inopportune times. The exhaust gas circulation system was also defective as well as the oxygen sensor. After taking it to the dealership multiple times a month to be fixed to no avail, plaintiffs traded the vehicle in for a better operating vehicle at their local Chevrolet dealership.
DEFENDANT'S CONTENTIONS: Defendants denied the contentions and instead contended that the alleged car problems were not manufacturer issues, but due to poor maintenance by plaintiffs.
Settlement Discussions
Defendant made an Offer to Compromise for $50,000.
Damages
Plaintiffs sought a total of $123,538.05 in damages.
Result
The jury awarded plaintiff a $46,717 verdict.
Other Information
After trial, Plaintiffs sought $471,262.50 in attorney's fees which included a 1.5 multiplier. Because the jury verdict was below Defendant's Offer to Compromise, the court declined to award any attorney's fees to plaintiffs post-Offer to Compromise and awarded a total of $78,837.50 in attorney's fees.
Length
2 weeks.
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