Lemon Law New Car Purchase
Case Type: | Lemon Law New Car Purchase | |
Case: | Heather Edenbaum v. Hyundai Motors America | |
Plaintiff Attorney(s): | Anthony T. Ballato, Esq., of Massapequa, NY | |
Defendant Attorney(s): | Suzanne E. Taylor, Senior Manager and Peter K. Hillman, District Parts & Service Manager for Hyundai of Jamesburg, N.Y. | |
Facts: | The consumer purchased a new 2016 Hyundai Tucson on January 28, 2016, with a 1.6-liter turbo engine and a dual drive clutch transmission (“DCT”). Within one month of driving the vehicle, the consumer began to experience intermittent engine problems with the acceleration mechanism of the car. In May of that year, the consumer experienced a frightening incidence when her car stalled on an interstate entrance ramp upon acceleration from a stopped position. Shortly thereafter, the consumer began experiencing significantly dangerous transmission problems resulting in the vehicle erratically “lurching” forward or hesitating upon acceleration and upon changing gears. The vehicle was brought to the dealer numerous times for engine and transmission repairs between June of 2016 and June of 2017. Despite the number of attempts made by the consumer to resolve the issues, the dealership failed to fix the problems. Diagnostic tests revealed no code errors and the dealership concluded that the jerking of the vehicle was the DCT engaging which was considered to be “normal” and that the vehicle drove “as designed”. The vehicle was subject to at least six repairs and “out of service” (not “in the shop”) for over one year. Despite two recalls on the DCT, both of which were said to have been “resolved” by the Dealership, the problems continued and consumer felt it was unsafe to drive the vehicle. After the consumer’s multiple complaints and numerous attempts to have the engine and transmission problems went unresolved, the consumer contacted Hyundai’s corporate office. Ms. Edenbaum was assigned a case manager but after nearly two months of silence from their initial communication, Ms. Edenbaum retained the Law Office of Mr. Anthony Ballato to represent her. Mr. Ballato sent a demand letter to Hyundai Motor America demanding they repurchase the consumer’s vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. Hyundai Motors contested the consumer’s complaints despite having received multiple nationwide complaints of a similar nature concerning the erratic hesitation and lurching on Hyundai’s 1.6-liter Engine DCT Tucson. Mr. Ballato filed for arbitration pursuant to the New York Lemon Law and on December 19, 2017, an arbitration hearing was held. Hyundai Motors took the position that “some drivers have a tendency to drive in such a manner that they can create a condition that may cause a normal operating characteristic to be more noticeable”. Additionally, Hyundai stated that “some people have a tendency to tune in to a subjective issue, especially once they are aware of its existence”. In short, they blamed the consumer’s driving as the source of the problem. | |
Verdict: | At the hearing, Mr. Ballato produced witness testimony of the owner and her two co-workers to conclusively show that this was not within “normal operating characteristics of the DCT” but rather a chronic material product defect. During the test drive with the arbitrator, the vehicle exhibited “lurching” while coming to a stop as observed by all passengers. The Arbitrator issued a ruling in the consumer’s favor and ordered that Hyundai by back the vehicle for a total award of $34, 094.50. |
Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2
Lemon Law Cases
- Baumgardt, Jean A. V. Jaguar Land Rover North America, LLC
- David F. v. Volkswagen of America Inc.
- Shannon O. v. FCA US LLC
- Ian B. v. Ford
- Stephen Fisher v. Ford
- P. R. v. JJM Automotive LLC d/b/a Empire Chrysler Doge Ram of West Islip
- Kennedy, S&W v. General Motors LLC
- Rafael Gonzalez v. Volvo Cars of North America
- Jose Franceschi v. Chevrolet / General Motors, LLC
- Egbert, Peter v. Alfa Romeo / FCA
- Louis Q. v. Porsche Cars of North America
- Joshua Caspi v. Jaguar Land Rover North America, LLC
- Jasleen Rayano v. Jaguar Land Rover North America, LLC
- Consumer B. versus BMW of North America, LLC
- Baumgardt v. Jaguar Land Rover North America LLC
- Jaqueline Cuellar v. Chevrolet / General Motors LLC
- Richard Mills v. Chevrolet / General Motors, LLC
- Gregory Lehecka v GM LLC
- Mary Grace McAllister Davis v. Chevrolet / General Motors
- Francine Kaczor v. Audi of America
- Elisabeth Gagliano v. FCA US LLC / Jeep
- Gary Fish v. GMC
- Alan R Versus BMW of North America, Inc.
- Lawrence Sparks v. Audi of America
- Richard and MaryJo Graffeo v. Audi of America
- Louis DeRose v. Jaguar Land Rover North America, LLC
- Brian Stefanovic v. Jaguar Land Rover North America, LLC
- Jeremy Maswary v. Ford Motor Company
- Thomas Arceri v. FCA US LLC
- Allison Quinto v. Jaguar Land Rover North America, LLC
- William and Barbara Ahlers v. Subaru of America, Inc.
- Laurie Golowach v. General Motors Corporation
- Howard Z. v. Maserati
- Maryanne & Michael Hinchy v. Nissan North America
- David Casamento and Andrew Berends v. Jaguar Land Rover North America, LLC
- Nabieva Madina v. Mercedes-Benz USA, LLC
- Kathleen Friedman v. Audi of America
- Bentley, McLaren, BMW and Mini Cooper Vehicles
- Kevin Aldrich v. FCA US LLC
- Robert Rapisarda v. FCA US LLC
- Oscar Deco, Inc. / Aida Calderon v. Mercedes-Benz USA, LLC
- Peter Arner v. Jaguar Land Rover North America, LLC
- Peter Cardone v. Jeep / FCA US LLC
- Paulo Rodriguez Arias v. Chevrolet Motor Division
- Rafael Gonzalez v. Volvo Cars of North America
- Demetrios M. Perdios v. Audi of America
- Auto Dealer Fraud / Deceptive Trade Practices Alleged And Used Lemon Vehicle
- Lemon Law / New Car Purchase
- Used Car Purchase / New Car Lemon Law
- Lemon Law / New Car Lease
- Lemon Law New Car Purchase
- BMW Auto Dealer Fraud Deceptive Trade Practices
- Chevrolet Tahoe New Car Purchase Lemon Law
- General Motors Lemon Law New Car Purchase
- Lemon Law New Car Lease
- Mazda Used Car Purchase Lemon Law
- Nissan Infinity New Car Lease Purchase Lemon Law
- Nissan Maxima New Car Purchase Lemon Law
- Porshe Used Car Repurchase Lemon Law
- Volvo Used Car Lemon Law
- Jeep Renegade
- Chevrolet Camaro
- Acura MDX
- Jeep Grand Cherokee
- Ford Escape
- Honda Pilot
- Lexus LX570
- Toyota Rav 4
- Dodge Challenger
- Hyundai Tucson
- Chevrolet Tahoe Truck
- Volkswagen Passat
- Dodge Charger
- Jeep Renegade
- Jeep Grand Cherokee
- Chevrolet Camaro
- Mercedes GLA45
- Jeep Grand Cherokee
- Honda CRV-EXL
- Porsche Carrera Turbo
- Volkswagen Tiguan
- Audi A8
- Chevrolet Tahoe Truck
- Dodge Ram 2500 SLT truck
- Audi S4 Sedan
- Hyundai Tucson
- Lexus ES350
- Jeep Grand Cherokee Overland
- Infiniti QX56 SUV
- McLaren MP4-12C
- Maserati Ghibli
- Maserati GT Sport
- Ford F350 Diesel Pick-up Truck
- Dodge Ram 2500 Full Refund
- Jeep Grand Cherokee
- Audi S4
- Ford Edge
- Subaru Outback
- Audi TT Convertible
- Ford Mustang Saleen S281
- Chevrolet Cruze Turbo Diesel
- Hyundai Genesis
- Volkswagen Passat
- Chrysler Eagle
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- Volkswagen Toureg
- Kawasaki Motorcyle
- Bentley
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- Dodge Intrepid
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- Ford Expedition
- Ford F350 Pickup Truck
- Ford Windstar
- Ford Windstar
- Ford Windstar
- General Motors
- General Motors GMC Acadia
- Hummer
- Infiniti G35 Sport Sedan
- Infiniti Q45
- Jeep Grand Cherokee Overland
- Kia Sephia
- Land Rover Discovery
- Lexus SC430
- Nissan Maxima
- Audi A6 Sedan
- Nissan Maxima
- Nissan Quest
- Porsche Cayenne
- Volkswagen Jetta
- Volkswagen Passat
- Volkswagen Touareg