Gene Shir v. Mercedes-Benz USA, LLC
Published: Aug. 27, 2002 | Result Date: Jun. 11, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC748665 Verdict – $99,023
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel Calef
(technical)
Facts
The plaintiff purchased a new 1999 Mercedes-Benz E430 automobile for her personal use. The plaintiff returned
the vehicle to an authorized Mercedes-Benz repair facility on several occasions for various defects, most
notably for a transmission that "jerked" upon acceleration and a condition wherein the power windows would
drop down approximately two or three inches after being rolled up.
Prior to seeking legal counsel, the plaintiff contacted Mercedes-Benz directly and requested that her vehicle be
replaced. Her request was denied.
Thereafter, the plaintiff retained legal counsel and filed suit under the Song Beverly Consumer Warranty Act,
California's "Lemon Law."
Settlement Discussions
At mediation, the plaintiff offered to settle the case for $15,000. The defendant offered $500.
Damages
The plaintiff asked the jury to award a refund of the purchase price of the subject vehicle, less the statutory mileage offset for use of 1,167 miles, the first time the subject vehicle was presented for repair of the power window problem, altogether in the sum of $54,022. The plaintiff asked the jury to consider awarding of statutory civil penalty against the defendant for a will failure to comply with the Lemon Law.
Other Information
The plaintiff's motion for attorney fees and costs of suit is pending.
Deliberation
3-1/2 hours
Poll
12-0
Length
3-1/2 days
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