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Dodge Intrepid

LEMON LAW – NEW CAR PURCHASE – FAILURE TO CORRECTLY REPAIR OR REPLACE VEHICLE

Settlement:   AWARD FOR COST OF VEHICLE AND LEGAL AND OTHER FEE
Case Type:   Donna DeGaetano Rich v. Chrysler Company 25089 Date of Decision
Venue:   Community Mediation Center, Hauppauge
Judge:   Debra Kondel
Date:   Saturday, November 14, 1998
Plaintiff Attorney(s):   Anthony T. Ballato, Massapequa
Facts:   Petitioner purchased a new 1995 Dodge Intrepid ES in August 1995. She also purchased a 7-year/75,000-mile warranty. One month after purchasing the car, she reported problems with the vehicle, such as intermittent breakdowns and engine and electrical failures. She brought the vehicle to several dealerships to have the problems corrected over twelve times within 3 years, seven of which were within 24 months of purchase, and the car was out of service for well over 72 days, 34 of which were during the first 24 months or 18,000 miles. Petitioner's efforts to compel return of the vehicle were denied, and she retained counsel. Petitioner was entitled to a depreciated refund or replacement vehicle of her choice because the threshold of the vehicle being out of service either 30 days or four repair attempts for the same or related defects was exceeded pursuant to GBL Article 11-a. The Counsel's attempts to negotiate a settlement were frustrated by the manufacturer's representative, thus compelling a Lemon Law proceeding with the New York State Attorney General's office. Petitioner ultimately received a 100% trade allowance, plus refund of all of her car rental costs and arbitration fees. Demonstrative evidence: repair orders and estimates of manufacturer's dealers.
Injury:   Repair of vehicle; demand: full replacement value and counsel fees.
Verdict:   $28.806, plus waiver of depreciation of vehicle by Chrysler to compensate for consumer's legal fees. Breakdown: $25,647 for cost of vehicle including accessories and sales tax; $909 for total cost of car rental; $250 for arbitration filing fee.

Ligitation & General Practice

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

Lemon Law Cases