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Elisabeth Gagliano v. FCA US LLC / Jeep

Case Type:   New Car Purchase, 2020 Jeep Gladiator
Case:   Elisabeth Gagliano v. FCA US LLC / Jeep
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., of Massapequa, NY
Defendant Attorney(s):   Ariana D’Agostino, Claims Manager of Rose Waldorf PLLC, Counsel on behalf of FCA US LLC, Albany, NY
Facts:   The consumer purchased a new 2020 Jeep Gladiator Overland 4 X 4 on November 17, 2020. On January 17, 2020, the customer was forced to return to dealership where vehicle was purchased, Brown’s of Bellport, Inc. with complaint of steady check engine status light, auto start stop malfunction light on, check engine light on, and radio issues consisting of blank and lost sound. Diagnostic tests revealed cylinders 2 4 6 have a misfire opened star case with cylinder 4 had 35% leak and sprocket/phaser needing replacement. These problems persisted throughout the customer’s ownership of vehicle. The vehicle continued to exhibit electrical and engine malfunctions and was returned for repairs at least five (times) and was “out of service” in the repair shop for a total of over 52 days. Despite dealership’s inability to resolve these issues, the consumer continued to experience the same issues with the vehicle. The consumer felt it was dangerous to operate the vehicle due its inherently chronic and unsafe serious electrical and engine defects. After the consumer’s multiple complaints and numerous attempts to have the unsafe defects repaired, they went unresolved and the consumer retained the Law Office of Anthony T. Ballato to represent her. Mr. Ballato sent a certified demand letter to FCA US LLC demanding they repurchase the consumer’s vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. After protracted negotiations with the manufacturer’s attorneys, the manufacturer offered a refund to the consumer of $5,000, then $6,000, then $9,000, then $12,500 and finally $13,500 cash. The settlement offer was accepted by consumer and consumer was able to retain the vehicle to keep or trade as she will.
Verdict:   FCA US LLC awarded to consumer the cash sum of $13,500.00 and consumer was able to retain the vehicle.

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