This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Elder Abuse
Elder Abuse and Dependent Adult Civil Protection Act

Brandon Lissner v. Ali Awad, Repossess Auto

Published: Aug. 18, 2012 | Result Date: Feb. 2, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 30-2010-00414418 Verdict –  $120,000

Court

Orange Superior


Attorneys

Plaintiff

Jon B. Dumbeck

Curtis M. King


Defendant

Rob D. Cucher


Experts

Defendant

Ismail Yassai
(medical)

Facts

Plaintiff, an adult with bipolar disorder, purchased a vehicle from Defendant's dealership but returned it soon after due to its cost. Instead of refunding Plaintiff's money, the dealership applied a credit toward another cheaper vehicle. Plaintiff agreed to take that second vehicle, but then returned it and demanded his money back four months later. When Defendants refused, Plaintiff sued for violations of the Dependent Adult Civil Protection Act and the Elder Abuse Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendants should not have sold the car given Plaintiff's limited income. Plaintiff further contended that Defendants should have refunded the money and that the second sale was more than the advertised price.

DEFENDANTS' CONTENTIONS:
Defendant contended that Plaintiff returned the second car after driving it 1500 miles and that no explanation was given for the return. Defendant further contended that Plaintiff had the mental capacity to understand the nature of the transaction.

Result

After the defendants were found joint and severally liable, and prior to a hearing on punitive damages, the parties agreed to a settlement in the amount of $300,000.

Deliberation

three hours

Length

four days


#90131

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390