Facts

Plaintiff Henry Rose leased a 2007 Mercedes-Benz E63 on June 1, 2007. The lease contained an express written warranty for maintenance of the vehicle. Rose claimed that several defects developed during the first 6,000 miles of the warranty period, and sued Mercedes-Benz USA for breach of implied warranty of merchantability and implied warranty of fitness, breach of express warranty, failure to commence repairs within a reasonable time, and conversion.

PLAINTIFF'S CONTENTIONS:
Rose contended the vehicle developed transmission and engine problems within the first 6,000 miles. Defendant breached implied and express warranties by failing to repair the vehicle.

Damages

Rose sought approximately $106,650.09 in damages for the total consideration of the vehicle.

Result

Defendant settled and paid Rose $42,000 and Mercedes-Benz Financial $70,000 (balance on plaintiff's lease agreement). The vehicle will be returned to defendant.