Roy S. Houston v. American Honda Motor Co. Inc.
Published: Oct. 21, 2003 | Result Date: Sep. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCVSS095661 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Brian Takahashi
(Bowman and Brooke LLP)
Experts
Defendant
Thomas P. Eviston
(technical)
Facts
On April 3, 2002, the plaintiff purchased a certified used 2001 Honda Odyssey EX from Spreen Honda. Within a couple of weeks, he noticed that the fuel gauge was not working properly. Over the course of the next five months, he brought his vehicle into the dealership on five occasions with complaints that his fuel gauge and low fuel indicator were not working properly. In response, the dealership twice replaced the fuel sending unit, replaced the fuel gauge and the circuit board once, and twice modified the fuel sending unit float arm. Despite these repairs, the plaintiffs claimed that the subject vehicle's fuel gauge and low fuel indicator light were still not working properly. On Sep. 17, 2002, the plaintiff's counsel wrote to the defendant and asked for restitution. After reviewing the repair orders, the defendant denied the claim. Co-incident with his attorney's demand letter, the plaintiff stopped driving the subject vehicle.
Settlement Discussions
The plaintiff demanded $32,201 plus attorney's fees. The defendant offered $1,000.
Damages
The plaintiff sought restitution of $32,201.74 plus attorneys fees.
Deliberation
two hours
Poll
9-3 (the jury found that there was no non-conformity which substantially impaired the use, value or safety of the subject vehicle)
Length
four days
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