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Kia Sephia

Newly purchased SUV experienced stalling problems

Settlement:   $11,623.00
Case Type:   Lemon Law, Motor Vehicle - Lemon Law, Motor Vehicle - SUV
Case:   George Miller v. KIA, No. 31541
Venue:   Office of the Attorney General, NY
Judge:   Joseph R. Mule
Date:   Friday, August 29, 2003
Plaintiff Attorney(s):   Anthony T. Ballato; Massapequa, NY, for George Miller
Defendant Attorney(s):   None reported, for KIA
Facts:   In September 2001, plaintiff George Miller purchased a new 2001 Kia Sephia SUV. He claimed that within three weeks of the purchase, the vehicle began to experience intermittent stalling and start-up failures. Miller contended that the dealership, Sun Pontiac-Kia, had to service the vehicle at least five times within the first year, thus exceeding the threshold established in General Business Law Article 11-A, which allows no more than four repair attempts and/or 30 out-of-service days during the first two years or 18,000 miles of a vehicle's life. Miller claimed that the dealership would not exchange the Sephia or participate in settlement discussions. He subsequently filed a Lemon Law action in the attorney general's office.
Injury:   Miller sought a full refund of the vehicle's $11,373 purchase price.
Verdict:   The arbitrator awarded Miller $11,626, which included the vehicle's purchase price -- less sales tax -- plus a refund of the $250 filing fee. The sales tax will be recovered in a separate claim to the state department of tax and finance.

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