Christian Carvalho and Kristal Carvalho v. Toyota Motor Sales U.S.A. Inc.
Published: Apr. 21, 2012 | Result Date: Feb. 7, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2010-00092130-CU-BC-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Benjeman R. Beck
(Consumer Law Experts PC)
Defendant
Thomas M. Murphy
(Sutton & Murphy)
Experts
Plaintiff
Jackie Winters
(technical)
Defendant
Mark Jakstis
(technical)
James Daher
(technical)
Facts
Christian and Kristal Carvalho purchased a 2008 Toyota Sequoia from Mossy Toyota and began experience significant problems with the vehicle shortly thereafter. The problems included issues with the brakes, parking brake, driver's mirror and side window, and paint discoloration. Several attempts to address the problems failed, and the Carvalhos stopped driving the care for concerns over their safety. The Carvalhos sued Toyota Motor Sales U.S.A. Inc. alleging breach of its obligations under the Song-Beverly and Magnuson-Moss Consumer Warranty Acts.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that several attempts at fixing the problems failed. Plaintiffs further contended that as a result of Toyota's inability to fix the problems with the mirror, window, parking brake, brakes, and paint caused them to stopped driving the vehicle for safety concerns.
DEFENDANT'S CONTENTIONS:
Defendant contended that it properly addressed repaired plaintiffs' issues or was not given a reasonable number of opportunities to resolve the issues.
Damages
The Carvalhos sought repurchase of the vehicle in excess of $54,000, including attorney fees, civil penalties.
Result
The jury rendered a defense verdict.
Deliberation
two hours
Poll
12-0
Length
four days
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