David Fitzgerald v. DaimlerChrysler Corp.
Published: Jul. 12, 2008 | Result Date: Mar. 10, 2008 | Filing Date: Jan. 1, 1900 |Case number: CIVMSC07-00036 Verdict – Defense
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Jon D. Universal
(Universal & Shannon LLP)
Experts
Plaintiff
Robert Stork
(technical)
Jackie Winters
(technical)
Defendant
Wally Shima
(technical)
Brian F. Rowe
(Quinn, Emanuel, Urquhart & Sullivan LLP)
(technical)
Facts
Plaintiff David Fitzgerald purchased a 2006 Dodge Ram. Shortly after buying the vehicle, Fitzgerald said the engine began to make abnormal sounds. He believed these sounds were evidence of engine damage. Fitzgerald also claimed the suspension system was defective.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that DaimlerChrysler Corporation violated the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act.
DEFENDENT'S CONTENTIONS:
The defendant contended the engine noises were normal and that the suspension system was fine.
Damages
The plaintiff alleged prior engine damage and a defective suspension system.
Result
The jury returned a verdict for the defense.
Deliberation
1.5 hours
Poll
10-2 (Song-Beverly express warranty). 9-3 (Magnuson-Moss express and implied warranties)
Length
six days
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