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.

Consumer Law
Song-Beverly Act
Lemon Law, Breach of Warranty

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

Darin S. Shaw


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


#92783

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

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