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Lemon law - Alleged excessive engine noise in Mercedes- Benz SUV - Claimed failure to satisfactorily correct problem after multiple attempts.

Philadelphia County, PA

The plaintiff alleged that a new Mercedes-Benz ________ ML ________ SUV, which he purchased in New Jersey, was defective in that it contained an excessive engine noise which was not corrected after multiple attempts. The case was tried under New Jersey’s Lemon Law and the federal Magnuson-Moss Warranty Act. The defendant maintained that the engine of the plaintiff’s vehicle sounded normal and there was no defect in the engine.

The plaintiff testified that the engine of his new car made an excessively loud squealing sound. The plaintiff returned the car to the dealer approximately eight times. He alleged that the loud engine sound was not corrected, despite the multiple attempts. The plaintiff’s expert testified that the vehicle was diminished in value by $________ as a result of the abnormal engine noise.

The defendant argued that several of the times the vehicle was returned to the dealer, no problems could be detected. Other times, the dealership made minor repairs for customer satisfaction, according to the defendant. The defendant’s after- sale operation manager testified that he drove and inspected the plaintiff’s SUV and could not duplicate the engine noise described by the plaintiff. This witness also testified that the plaintiff’s engine sounded the same as other vehicles of that make and model.

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

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