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
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
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
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