Main Menu

Lemon Law New Car Lease

Case Type:   Lemon Law New Car Lease
Case:   Matthew McGrath and Amy Berman v. FCA US LLC
Date:   February 15, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., of Massapequa, NY
Defendant Attorney(s):   Rose Waldorf PLLC, of Albany, NY, Carmel P. Joseph, Case Manager
Facts:   On December 19, 2015, consumers Matthew McGrath and Amy Berman leased a new 2014 Jeep Grand Cherokee from Kings Chrysler Dodge Jeep Ram. The consumers brought the vehicle in for service because they allege that the ABS and traction light were on and the driver’s door handle sticks. Consumers allege while driving the vehicle the parking brake activated on its own two (2) times. The dash was displaying stop start unavailable service stop start system. Then the brake light came on. Consumers brought the vehicle back in for service. Consumers allege while driving on the Meadowbrook Parkway the vehicle stalled out. The parking brake was on, but would not turn off. Consumer brought the vehicle back for service multiple times. The technician did a multi-point inspection on the vehicle. The front wiper arm was recalled. The technician replaced the wiper. The technician had to test and replace the module-engine controller. The technician contacted the star center on the vehicle and found that the fuel was over flowing into the charcoal canister causing the stall. Per star center the technician replaced the canister and gas tank. After the gas tank was replaced the technician took the vehicle for a test drive. The vehicle stalled and had to be towed back to the dealership. The technician found that there was a loose connection to PCM. After the PCM connection was taken care of the vehicle started and did not stall.
Verdict:   After numerous attempts to fix the vehicle and over 36 days out of service, the consumers hired Anthony T. Ballato, Esq. of Massapequa, NY to represent them. Mr. Ballato sent a letter to FCA US LLC demanding they repurchase the consumers’ vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. After extensive conversations and emails with the manufacturer’s attorneys’ representative, Carmel Joseph, Case Manager at Rose Waldorf PLLC, in Albany, New York, the manufacturer settled for a full value repurchase of their vehicle. The manufacturer repurchased the vehicle, cancelled the lease and returned all lease payments in the amount of $6,768.96 to the consumer plus legal fees in the amount of $2,000.00.

Lemon Law Cases