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ARTICLE ID 157769

Claimed breach of warranty in sale of new ________ Jeep Grand Cherokee - Continuing engine and transmission problems claimed - Alleged diminished value of automobile.

Philadelphia County, PA

The plaintiff leased a new ________ Jeep Grand Cherokee manufactured by the defendant, DaimlerChrysler Company. She alleged that the vehicle contained defects which the defendant failed to properly repair and that the defendant breached the warranty issued for the vehicle. The plaintiff also alleged that the defendant violated Pennsylvania’s Unfair Trade Practices Act and Consumer Protection Law. The plaintiff’s Lemmon Law claim was dismissed prior to trial as many of the claimed defects occurred after the first ________ miles covered by the Lemon Law. The defendant maintained that it met the warranty and otherwise fulfilled its obligations to the plaintiff. The defense asserted that it addressed each of the plaintiff’s complaints, without charge, whenever she brought the car back to the defendant’s dealership.

The plaintiff testified that there were numerous defects in her new car, including failure of the plastic molding on the back and sides of the seats, engine starting problems, warning lights and transmission difficulties. The plaintiff contended that she returned the car to the defendant’s dealership numerous times, but the defects were never fully resolved.

The plaintiff’s automotive expert opined that the plaintiff’s vehicle was diminished in value by some $________ to $________ as a result of the defects. The plaintiff sought treble damages under the Unfair Trade Practices Act plus attorney fees. The defendant argued that many of the plaintiff’s complaints were minor in nature and that each of the problems was repaired each time she brought the car back to the dealership. Evidence showed that the plaintiff was also involved in an accident with the vehicle in question. The defense additionally contended that the plaintiff had driven the car ________ miles on a ________ mile lease and, therefore, did not suffer any substantial impairment as a result of the alleged defects.

The case was tried as a bench trial with a verdict for the defendant.

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