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Paulo Rodriguez Arias v. Chevrolet Motor Division

Case Type:   Lemon Law / New Truck Purchase
Case:   Paulo Rodriguez Arias v. Chevrolet Motor Division
Date:   June 4, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Alexia Rocha, Business Resource Center
Facts:   On September 21, 2017, Consumer Paulo Rodriguez Arias purchased a 2017 Chevrolet Silvardo Truck from Huntington Motors LLC d/b/a Chevrolet of Huntington. On October 11, 2017, the consumer brought the vehicle in for service alleging that the ABS light, brake light and steering assist light were showing on the dashboard. The consumer had the car towed to the service dealer. The technician found that there was no communication with the electronic brake control module. The circuit wire was open at the connector harness. On October 19, 2018, the consumer brought the vehicle in for service alleging that the check ABS light, brake light, steering assist is reduced on the dash light came on. The technician called the Hot line and was referred to a special bulletin PIT5405C. The technician found a loose ground at G218 on drivers side a pillar scrubbed loose ground. The lights were cleared. On November 20, 2017, the consumer brought the vehicle in for service alleging that the ABS / Traction light came on. The technician found DTC codes. There was a loss of communication with the body control module internally. The technician noted current codes and invalid data received from ECM. On December 1, 2017 the consumer brought the vehicle in for service alleging that the steering assist is reduced and loss of steering assist module losing communications with high speed was displayed on the screen. The technician performed Tech 11 diagnostics. The technician asked for a Field Engineer to come. The Field Engineer advised the technician to replace the negative battery cable and positive cable and replace battery module. On January 25, 2018, the consumer had to have the vehicle towed to service alleging that the ABS traction light was displaying on the dashboard while he was driving the vehicle. When the shop received the vehicle there was no power steering. The Field Engineer and Technician Engineer instructed the technician to replace the Gateway Module and EBCM. On March 12, 2018, the consumer brought the vehicle in for service alleging that the power steering assist reduced light was displayed on the dashboard. The Field Engineer was advised to come look at the vehicle. He advised the technician to replace the electric steering assembly. The technician removed and replaced the electric steering assembly and performed an alignment.
Verdict:   After multiple attempts to fix the vehicle and over 58 days out of service, the consumer hired Anthony T. Ballato of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to the Manufacturer Chevrolet Motor Division demanding that they repurchase the consumer’s vehicle pursuant to Notice Pursuant to New Car Lemon Law; New York General Business Law Article 11-A, Sections 198-A, Et Seq.; Notice of Revocation of Acceptance and demand for Rescission Uniform Commercial Code Article 2; and Claims Under Manufacturer’s Warranties and Magnusson- Moss Warranty Act; Demand for All Sales, Financing and Service Documents. After conversations, correspondence and emails with Alexia Rocha, the Chevrolet Representative, she advised that the manufacturer would settle the matter. The manufacturer agreed to a new replacement vehicle with an MSRP value of $44,345.00 and legal fees in the amount of $2,500.00.

Ligitation & General Practice

Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2

Lemon Law Cases