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Audi S4 Sedan

Settlement:   $44,894
Case Type:   Lemon Law, Motor Vehicle
Case:   Alex Platonov v. Audi of America, No. NC-1204459
Venue:   Office of the Attorney General
Date:   3/7/2015
Defendant Attorney(s):   Cheri Morris, senior analyst, customer relations, Volkswagen Group of America, Detroit, MI
Facts:   On Feb. 11, 2011, claimant Alex Platonov purchased a new 2013 Audi S4 sedan. The purchase included a standard manufacturer's warranty. Platonov claimed that the vehicle quickly developed malfunctions of its engine, its steering, its suspension and its transmission. The dealership performed repairs and adjustments, but Platonov claimed that the vehicle's problems were not resolved. He attempted to return the vehicle, but it was refused by the manufacturer, Auburn Hills, Mich.-based Audi of America. Platonov sought recovery via application of the New Car Lemon Law, General Business Law article 11-A, ยง 198-a. Arbitration was scheduled. Platonov claimed that the dealership attempted more than eight separate repairs and/or adjustments of the vehicle. He further claimed that the vehicle's resultant unavailability spanned more than 47 days. Platonov's counsel contended that the vehicle's recurrent problems allowed recovery via application of the New Car Lemon Law,which specifies that a vehicle's first 24 months and/or 18,000 miles should not include more than four attempted repairs and/or 30 days of unavailability. Audi of America claimed that the dealership adequately addressed the problems that Platonov's vehicle experienced. The company also contended that the vehicle's problems did not significantly impair its value.
Injury:   Platonov claimed that his car experienced constant malfunctions that involved its engine, its steering, its suspension and its transmission. He further claimed that the malfunctions severely compromised the vehicle's performance and value. He sought recovery of $44,893.69, which represented the price that was paid for the vehicle.
Verdict:   Arbitrator Barry Cohen found that the vehicle's first 24 months and 18,000 miles included more than four unsuccessful repairs. Thus, he concluded that Platonov was entitled to recovery via application of the New Car Lemon Law. Cohen determined that damages totaled $44,893.69, which constituted a full refund of the price that was paid for the vehicle. This report is based on information that was provided by claimant's counsel. Audi of America's claims handler received a draft of the report, but she did not provide feedback.

Lemon Law Cases