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ARTICLE ID 168467

Pennsylvania Lemon Law - Federal Magnuson-Moss Warranty Act - Claimed engine defect in ________ Dodge Avenger - Alleged failure to make necessary repairs.

Philadelphia County, PA

This claim was brought against the defendant, Chrysler LLC, under Pennsylvania’s Lemon Law and the federal Magnuson-Moss Warranty Act. The plaintiff claimed that his ________ Dodge Avenger made a loud grinding noise from the engine upon acceleration and that the defendant failed to repair the problem after numerous attempts. The defendant maintained that the car’s engine functioned normally and was not defective.

The plaintiff testified that he purchased a new ________ Dodge Avenger on November 26, ________. The plaintiff testified that, upon acceleration, the vehicle made a loud grinding noise from the engine. The plaintiff contended that he returned the car to the defendant’s dealership five times, but the grinding sound remained in the engine.

The plaintiff’s automotive expert testified that the vehicle sustained a diminished value as a result of the claimed engine defect. The plaintiff’s expert admitted, on cross examination, that he had not personally heard the alleged noise coming from the engine of the vehicle. The plaintiff sought a rescission of the sales contract, or in the alternative, damages in the amount of $________, representing the claimed diminished value of the car.

The defendant’s automotive expert testified that he test drove the vehicle and could not confirm the alleged grinding noise from the engine. The defendant’s expert played the videotape of the test drive and argued that the engine sounded and performed normally with no defects.

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

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