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Robert Rapisarda v. FCA US LLC

Case Type:   Lemon Law / New Truck Purchase
Case:   Robert Rapisarda v. FCA US LLC
Date:   December 6, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Rose Waldorf PLLC, Albany, NY and Alexandra N. Husain, Esq.
Facts:   On April 16, 2018, Consumer Robert Rapisarda purchased a new 2018 Jeep Grand Cherokee from Port Jefferson Chrysler Jeep, Port Jefferson Station, New York. On July 3, 2018, the consumer brought the vehicle to Port Jefferson Chrysler Jeep for safety recalls. The powertrain control module had to be reprogrammed. On July 11, 2018, the consumer brought the vehicle in for service alleging that the check engine light was on and that the traction control light was on and that in stop and go traffic the transmission doesn’t go into gear. A message put into park and then into drive came up. The technician found a loose ground connector on the right side of the engine compartment. On August 7, 2018 the consumer brought the vehicle in for service alleging that the check engine light service traction control light and service shifter lights come on. On August 28, 2018, the consumer brought the vehicle in for service alleging that the service shifter light come on and then auto stop start is unavailable. The technician removed and replaced the valve assembly that has the TCM built into it. On September 28, 2018 the consumer brought the vehicle in for service alleging that service shifter light, lane sensor, air bag and FCW light came on. This happened when the consumer was driving 65 miles per hour and while the vehicle was stopped. On October 9, 2018 the consumer brought the vehicle in for service alleging that the check engine light is on and all dash lights illuminate. The technician found internal radio failure causing the vehicle to drop. The radio was removed and replaced.
Verdict:   After multiple attempts to fix the vehicle and over 55 days out of service, the consumer filed for Arbitration on October 30, 2018. The Hearing date was set for December 13, 2018. On December 2, 2018, the consumer hired Anthony T. Ballato, Esq. of Massapequa, NY to represent him at the Hearing. Mr. Ballato, asked that the Hearing be adjourned for at least a month so that both sides could exchange documents. On December 3, 2018, Mr. Ballato sent a demand letter to FCA demanding they repurchase the vehicle. On December 6, 2018, Mr. Ballato received an email from the attorney for the manufacturer stating that they wanted to settle the matter. The manufacturer agreed to repurchase the vehicle. The Hearing date was reschedule for January 15, 2019 pending the settlement. On December 21, 2018, the case was settled. On January 11, 2019, the case was assigned to Stericycle the repurchase agent for the manufacturer. The lender received a check in the amount of $33,929.89 and the consumer received a check in the amount of $12,850.44 representing the full cost of the vehicle.

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