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Verdict range $0 - $100,000
ARTICLE ID 182063
$________ Lemon Law - Violation of Lemon Law, Lemon Aid Law, breach of express warranty, and breach of implied warranty and merchantability - Plaintiff purchases a vehicle from the defendant dealership and later discovers that it has serious mechanical defects and does not meet inspection standards.
Worcester
In this Lemon Law case, the plaintiff purchased a ________
Volvo XC70 from the defendant. The plaintiff contended that the
defendant violated the Lemon Law, the Lemon Aid Law, breached the
express warranty, and breached the implied warranty and
merchantability. The plaintiff argued that he lawfully revoked
acceptance of the vehicle and that the defendant owed him return
of his payment for the vehicle.
According to the Lemon Aid Law, if a vehicle fails to pass
inspection after purchase, the buyer must notify the dealer
within two weeks and is then the purchaser can return the vehicle
for refund. In the subject case, the plaintiff bought a vehicle
from the defendant, took it for inspection and it passed. Soon
afterward the plaintiff noticed problems with the suspension and
took the vehicle to an auto mechanic who told the plaintiff that
the vehicle had major suspension system failure and that it
should never have passed inspection. The plaintiff informed the
Department of Motor Vehicles who re-inspected the vehicle and
revoked the earlier inspection.
The plaintiff sent letters to the defendant dealer notifying the
defendant of the vehicles failure to pass inspection. The
defendant dealer refused to take the vehicle back. The plaintiff
returned the vehicle to the dealership and it remained there
throughout the ensuing action. The parties entered into
settlement negotiations which ultimately failed and the matter
went to litigation. The defendant made an offer, but it was not
enough to resolve the case.
At trial, the plaintiff presented an independent expert from the
automotive mechanic shop. The plaintiffs expert testified that
the vehicle should never have passed the initial inspection. The
plaintiffs expert stated that he alerted the plaintiff to the
suspension problems and told the plaintiff to return the vehicle
to the defendant dealership.
The defendant contended that the vehicle appropriately passed
inspection the first time. The defendant argued that it did what
it was required to do and did not owe the plaintiff anything for
the vehicle.
The jury found that the defendant violated Lemon Aid Law, Lemon
Law, the breach of express warranty, and the breach of implied
warranty and merchantability. The jury further found that the
plaintiff lawfully revoked acceptance of the vehicle and awarded
the full purchase price of the vehicle plus sales tax, out of
pocket expenses and interest for a ________% recovery of the
plaintiffs loss of $________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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