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Consumer Law
Breach of Warranty

Merlin v. Isuzu Truck of America, et al.

Published: Jun. 15, 1996 | Result Date: May 22, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 146879 –  $0

Judge

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

Jerome D. Rybarczyk

Berta Peterson Smith


Defendant

Jonathan C. Corn


Experts

Plaintiff

Lou Nanos
(technical)

Defendant

Patrick Reynolds
(technical)

William D. Guentzler Ph.D.
(technical)

Blair McCollough
(technical)

Facts

On December 5, 1993, the plaintiff Brenton Merlin, purchased a 1993 Safari Trek from the defendant Motohome Safari. The Trek was manufactured jointly by defendants Safari Motor Coaches, Inc., and Isuzu Truck of America. In the first nine months of ownership, the plaintiff drove approximately 30,000 miles. During each of the four extended trips he took out of state. Mr. Merlin's wife appeared as an exotic dancer at numerous adult entertainment nightclubs. During the course of these 30,000 miles, the plaintiff perceived various problems with the motorhome, including difficulties with the electrical systems and the transmission. The plaintiff brought this action against the defendants, Safari Trek and Isuzu, based on breach of warranty and theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $______. The defendants made a settlement offer of a waiver of costs and sanctions awarded by the trial judge in the amount of $5,100.

Injuries

The plaintiff asked the jury to award the total amount paid for the motorhome ($_____), plus a civil penalty.

Other Information

The verdict was reached approximately ____ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/__/9____ before ______________ (name) of ____________ (affiliation or court) resulting in ___________.

Deliberation

1 hour

Poll

12-0

Length

5 days


#92303

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