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Torts
Fraud
Negligence Per Se

Gwendolyn Byrd v. Welcome Auto Center Inc., Chao K. Nokham, Chao R. Nokham

Published: Jun. 1, 2002 | Result Date: Apr. 25, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 8341396 Verdict –  $50,000

Judge

Robert B. Freedman

Court

Alameda Superior


Attorneys

Plaintiff

Matthew Siegel


Defendant

Bruce R. Bernstein


Facts

The plaintiff purchased a used 1988 Mercedes Benz from the defendants. The mileage read 97,000 miles but the
defendants did not disclose that they had taken out the original odometer which read over 225,000 miles.
The plaintiff pleaded fraud, negligence, negligence per se via violation of Vehicle Code Section 28053, deceit,
and negligent infliction of emotional distress. The plaintiff contended that she would not have purchased the
car if she knew that the odometer originally showed over 225,000 miles. The plaintiff alleged economic
damages of over $11,000 in the cost of the car ($8,300), expenses, repairs, inspections and rentals.
The defendants maintained that the plaintiff was not damaged and, if so, failed to mitigate her damages.

Settlement Discussions

The defendant offered by way of C.C.P. Section 998 $12,000 and offered to take back the vehicle.

Other Information

The award of $50,000 was split as to $25,000 compensatory and $25,000 in punitive damages.

Deliberation

two days

Length

eight days


#97558

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