Kapa Investment v. Cirrus Design Corporation, Garmin International, L-3 Communications Avionics, S-Tec Inc., Teledyne Continental Motors, and Does 1 through 20, inclusive
Published: Feb. 27, 2010 | Result Date: Nov. 12, 2009 | Filing Date: Jan. 1, 1900 |Case number: CV-08-446-PSG (JCx) Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Defendant
Kim Schumann
(Schumann Rosenberg)
Experts
Plaintiff
John Gallagher
(technical)
Defendant
Steven Magginetti
(technical)
John S. Barton
(technical)
W. Jeffrey Edwards
(technical)
Facts
Plaintiff Kapa Investment, a corporation licensed to resell aircrafts, purchased a used aircraft from a private seller. The aircraft was manufactured by defendant Cirrus Design Corporation and contained an engine manufactured by defendant Teledyne Continental Motors Inc. Kapa filed suit against Cirrus, Teledyne and defendants avionics component manufacturers Garmin International, L-3 Communications Avionics, and S-Tec Inc.
Contentions
PLAINTIFF'S ALLEGATIONS: Kapa alleged that the aircraft displayed intermittent defects and problems with its engine, avionics and appearance. Kapa claimed that the aircraft was a "lemon," and filed a claim for breach of warranty under the Magnuson-Moss Warranty Act.
Kapa stated that its president and CEO only used the aircraft for personal purposes, testifying that the avionics were defective and the aircraft was inoperable and unsafe to fly. Kapa's expert testified to the extent that such avionics were used in flight operation.
DEFENDANTS' CONTENTIONS:
The defense contended that the aircraft was not defective. They stated that Kapa's president did not know how to operate the aircraft, and displayed a lack of understanding as to the operation and piloting of the aircraft. The defense further alleged that Kapa did not maintain the aircraft properly. The defense also contended that Kapa was not a consumer under the Magnuson-Moss Warranty Act, and nor was the aircraft a consumer product. The defense also stated that Kapa continued using the aircraft.
Damages
Kapa sought more than $750,000 for a full refund of the purchase price, as well as compensation for actual cost of ownership, including owed taxes and attorney fees.
Result
The jury rendered a verdict for the defense. According to Kapa, the jury found Kapa did not qualify as a consumer and did not vote on the remaining issues.
Deliberation
three days
Length
five days
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