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Chevrolet Corvette

Chevrolet Corvette clutch problems and drivetrain noise

Settlement:   $5,500.00
Case Type:   Lemon Law, Motor Vehicle - Consumer Protection
Case:   Bruce Migatz v. General Motors Corporation, Chevrolet Division
Venue:   Office of the Attorney General
Date:   Friday, January 04, 2008
Plaintiff Attorney(s):   Anthony T. Ballato: Massapequa, NY
Defendant Attorney(s):   GM Business Resource Center, Detroit, MI
Facts:   In April 2006, claimant Bruce Migatz leased a new 2006 Chevrolet Corvette sports car. The lease included a standard manufacturer's warranty. Migatz claimed that malfunctions began during the ensuing five months. He contended that the vehicle’s clutch did not operate properly, and he claimed that the drivetrain was creating noise. He further claimed that, during the ensuing 24 months, the dealership attempted more than six separate adjustments and/or repairs of the vehicle, and he contended that those repairs were performed before the vehicle had traveled 18,000 miles. He also contended that the problems were never resolved and that he attempted to return the vehicle, but that it was refused by the manufacturer, Detroit-based General Motors Corp. Migatz sought recovery via application of the New Car Lemon Law, General Business Law article 11-A, § 198-a. The matter was scheduled to proceed to an arbitration hearing. Migatz's counsel claimed that the vehicle's poor condition constituted a violation of the Lemon Law, which specifies that a vehicle's first 24 months and/or 18,000 miles should not include more than four repair attempts and/or 30 days in which it is not in service. General Motors contended that the dealership adequately addressed the vehicle's alleged problems and that the alleged problems did not substantially impair the value of the vehicle.
Injury:   Migatz claimed that the vehicle experienced malfunctions that included improper operation of its clutch and noise created by its drivetrain. He contended that the problems compromised the vehicle's value and performance. Migatz sought recovery of the vehicle's full replacement value, which included the lease deposit and lease payments that had already been rendered, as well as recovery of attorney's fees.
Verdict:   Prior to the scheduled start of the arbitration hearing, the parties negotiated a $5,500 settlement, which included $4,000 for the replacement of the vehicle and $1,500 for attorney fees.

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