Bobby Franklin, Dora Franklin v. Carr Bazaar
Published: Mar. 11, 2006 | Result Date: Dec. 20, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04CECG02886 Verdict – $45,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
William M. Krieg
(Kemnitzer Barron & Krieg LLP)
Defendant
Experts
Plaintiff
Cary A. Biggert
(technical)
Defendant
Carlos Sandoval
(technical)
Facts
Bobby Franklin and his mother, Dora Franklin, bought a used 1994 Cadillac from Carr Bazaar, a dealership in Fresno. Bobby Franklin, 44, claimed that an employee of the dealership told him the vehicle was in good condition except for some problems that the dealership would repair at no cost post-sale. After the purchase, the vehicle stopped running. The dealership refused to repair the vehicle at no cost. The Franklins sued Carr Bazaar, alleging misrepresentation in violation of the Consumers Legal Remedies Act, as well as for breach of express warranty in violation of the Song-Beverly Consumer Warranty Act.
Settlement Discussions
The plaintiffs demanded $15,000 and attorney fees and costs.
Damages
The plaintiffs claimed $15,000 in damages which included the purchase price of the vehicle and insurance and rental vehicle costs. The plaintiffs also claimed they were entitled to punitive damages and $30,000 in civil penalties under the Song-Beverly Consumer Warranty Act.
Result
The Franklins were awarded $45,000. Before reaching the punitive damages phase of the trial, the parties settled for $75,000.
Deliberation
four hours
Poll
12-0
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390