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Chevy Equinox

New SUV’s engine leaked, overheated, owner claimed

Settlement:   $26,290.00
Case Type:   Lemon Law, Motor Vehicle - SUV
Case:   Anthony Hannon v. General Motors Corporation, No. 651982
Venue:   Office of the Attorney General, NY
Date:   Friday, October 12, 2007
Plaintiff Attorney(s):   Anthony T. Ballato; Anthony T. Ballato, Esq.; Massapequa, NY, for Anthony Hannon
Defendant Attorney(s):   None reported; GM Business Resource Center; Detroit, MI, for General Motors Corp.
Facts:   In August 2005, claimant Anthony Hannon purchased a new 2005 Chevrolet Equinox sport utility vehicle. The $25,065 purchase included a standard manufacturer's warranty. Hannon claimed that the vehicle's engine malfunctioned in November 2005. He also claimed that the vehicle developed chronic leaks of its cooling system and that the leaks caused overheating of the engine. He contended that the dealership attempted more than seven separate adjustments and/or repairs of the vehicle and that, as such, the vehicle accumulated more than 76 days of repair-shop time. Hannon claimed that the problems were not resolved. He attempted to return the vehicle. but it was refused by the manufacturer, Detroit-based General Motors Corp. Hannon sought recovery via application of the New Car Lemon Law, General Business Law article 11-A, §§ 198-b et seq. The matter was scheduled to proceed to an arbitration hearing. Hannon's counsel claimed that the vehicle exceeded the law's threshold that dictates that a vehicle may not undergo four repair attempts and/or be out of service for 30 days during the first 24 months or 18,000 miles that follow its purchase. General Motors contended that the dealership adequately addressed the vehicle's alleged problems.
Injury:   Hannon claimed that the vehicle's engine malfunctioned and that its cooling system developed chronic leaks that caused overheating of the engine. He contended that these problems compromised the vehicle's safety and performance. Hannon sought recovery of $25,065, which represented the vehicle's full replacement value, including sales tax and dealer-provided accessories, and the cost of the vehicle's registration and title He also sought recovery of attorney fees of $1,225.
Verdict:   After the commencement of the arbitration, the parties agreed to a $26,290 settlement. The settlement consisted of $1,225 for Hannon's attorney's fees and $25,065. which represented the vehicle's full replacement value, including sales tax and dealer provided accessories, and the cost of the vehicle's registration and title. Editor's Comments: This report is based on information that was provided by claimant's counsel. Respondent's counsel did not respond to the reporter's phone calls.

Ligitation & General Practice

Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2

Lemon Law Cases