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Jury Hits Mercedes with Breach of Warranty Verdict

by | Nov 7, 2021 | Lemon Law |

Attorney Christina Gill Roseman of Roseman Law Firm won a jury verdict against Mercedes-Benz for $15,638.85 on September 23, 2021 in the Franklin County Court of Common Pleas in Columbus, Ohio.  In Loethen v. Mercedes-Benz, the Plaintiff sued Mercedes under the federal Magnuson Moss Warranty Act and the Ohio Lemon Law.

Repeated Transmission Issues

The plaintiff alleged that his new 2017 Mercedes GLC43 had transmission defects causing it to jerk or jolt when coming to a stop.  The vehicle was taken to dealerships for repair under the Mercedes warranty 12 times for the transmission defect. On the fifth repair attempt, a Mercedes dealership found the transmission fluid was low and verified the harsh shifts but filling the transmission fluid and reprogramming software did not make any improvement, according to the plaintiff.

On the seventh repair attempt and after the vehicle had been in the shop for over 30 days for the repair attempts, a dealership again verified faulty shifts and low transmission fluid.  The transmission fluid was topped off again, and a valve body for the transmission was replaced.  These repairs reduced the severity of the jerking and jolting when coming to a stop but did not eliminate the problem.

Automotive expert Anthony Jakicic testified that he experienced the transmission issue on a test drive with the plaintiff. Mr. Jakicic indicated that the issue was most likely due to a defect related to the torque converter and that the transmission issue substantially impaired the safety and value of the vehicle.

The plaintiff argued that Mercedes failed to repair the vehicle in a reasonable number of times and reasonable number of attempts.  Mercedes claimed that nothing was wrong with the vehicle and the plaintiff was not entitled to damages.

Jury rules for consumer

After a 3-day trial in the Franklin County Court of Common Pleas in Columbus Ohio, a jury of 8 rendered a unanimous verdict in favor of the Plaintiff against Mercedes for $15,638.85 under the Magnuson Moss Warranty Act. The jury did not award for the plaintiff under the Ohio Lemon Law. The trial was held after the end date for the lease, and the plaintiff had traded the vehicle with one payment left on the lease.

Do you have a lemon?

If you have a defective vehicle that was not repaired properly or not repaired in a timely manner under the warranty, you may have a claim under a state Lemon Law, the federal Magnuson Moss Warranty Act or a state unfair trade act. For defective vehicles purchased, registered or repaired in Ohio, Pennsylvania, West Virginia or Michigan, contact experienced trial attorney Christina Gill Roseman at www.helpforlemoncars.com or 800-745-5259.