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Land Rover Discovery

SUV not fixed after 13 repair attempts, lessee claimed

Settlement:   S14,163.00
Case Type:   Lemon Law, Motor Vehlcle· Lemon law
Case:   Raphael Palladino Jr. v. Land Rover North America, No. 35228
Venue:   Education & Assistance Corp., Smithtown, NY
Judge:   Sheldon Lasher
Date:   Thursday, July 20, 2006
Plaintiff Attorney(s):   Anthony T. Ballato; Anthony T. Ballato, Esq.; Massapequa, NY, for Raphael Palladino Jr .
Defendant Attorney(s):   Kerri Komoves; consumer·affaiirs specialist; Mahwah, NJ, for Land Rover North America
Facts:   In December 2004, claimant Raphael Palladino leased a new 2004 Land Rover Discovery sport utility vehicle. The lease Included a standard manufacturers warranty. Palladino claimed that the vehicle, subsequently experienced malfunctions of its brakes, engine and suspension system. He also claimed that the vehicle's seat frames were defective. He contended that the problems compromised the vehicle's safety and performance. During the ensuing 13 months, the problem required 13 separate adjustments and/or repair attempts. As a result of that work, the vehicle accumulated more than 42 days of repair·shop time. Palladino contended that the problem. was never resolved. He attempted to return the vehicle, but it was refused by the manufacturer, Irvine, Calif.- based Land Rover North America Inc. Palladino sought recovery via application of the New Cor Lemon law, General Business Law article 11-A, § 198-a. An arbltratlon hearing was scheduled. Palladino's counsel contended that the vehicles poor condition constituted a violation of the Lemon Law, which specifies that a vehicles first 24 months and/or 18,000 miles should not Include more than four repair attempts and/or 30 days of repair-shop time. Land Rover North America's, defense was presented by a consumer·affairs specialist, who contended that the vehicle underwent several repairs that included inspection and repair of Its brakes, engine and suspension system. She claimed that the defects did not affect the performance or safety of the vehicle and that, as such, Palladino was not entitled to a refund.
Injury:   Palladino claimed that the vehicle subsequently experienced malfunctions of its brakes, engine and suspension system. He also claimed that the vehicle's seat frames were defective. He contended that the problems compromised the vehicle's safety and performance. He sought recovery or $14,163, which represented the lease deposit and lease payments that had already been rendered, less $2,262 of depreciation, which was based on 7,000 miles of usage. He also sought recovery of the arbitration's $2S0 filing fee and attorney's fees, which totaled $2,250.00.
Verdict:   Prior to the scheduled start of the arbitration hearing, the parties agreed to a $14,163 settlement.

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