My client, Hannah (name changed to protect the innocent) was sent to me by another lawyer in North Jersey. She purchased the car in October 2004 and had problems immediately with fumes in the car. At about 900 miles she was forced to seek medical treatment, and again at about 2,500, due to the fumes. The car was returned to the dealership also at 3,700, 5,200 and lastly at 10,000 miles for the same claimed problems. Repair orders reflect some of the problems. She has not driven the car since 2007 after it broke down and the fumes had continued to bother her. She demanded her money back after the second repair attempt and rebuked (denied) by the MFGR.
The dealer and the manufacturer rep could not duplicate the problem. Hannah claims that the courtesy driver at the dealer verified the complaint, but not the service writers or the mechanics.
The car cost $50,000 and was a Mercedes Benz.
Suit was filed late 2005 after the first or second repair attempt.
For those of you who want to know the verdict it is the continued portion of the entry. If you choose to wait feel free to do so until you hear the whole story.
verdict for the MFGR