Our client the Plaintiff purchased a 2013 Dodge Durango to be their family’s primary vehicle. Their family, including the Plaintiff, their wife, and five kids, planned to use the Durango for everyday errands as well as driving around the state for the kids’ sporting events. Within six months, the Durango developed serious issues, including dangerous and unsafe stalling without warning which was due to the vehicle’s defective Totally Integrated Power Module (“TIPM”) and mildew smells from the air conditioning system (“HVAC”). After bringing the Durango to FCA’s dealerships six times in just over two years complaining of these issues, The Plaintiff and their family lost confidence in the Durango and FCA’s ability to fix any of the issues. The Plaintiff telephoned FCA and asked for a repurchase, but FCA denied his request.

After FCA’s refusal, the Plaintiff hired counsel. The case went to trial in Tulare County Superior Court, where the Plaintiff was represented by California Lemon Law trial attorneys Richard Wirtz and Amy Rotman from Wirtz Law APC. After a two-week trial, the jury awarded the Plaintiff with the maximum damages awardable under the Song-Beverly Act (California Lemon Law): repurchase and a two-time civil penalty for a total of $64,582.53, plus FCA was ordered to pay plaintiff’s attorney’s fees and costs. The jury agreed that FCA had willfully violated the California Lemon Law by refusing to repurchase the vehicle despite the repeated repair visits and serious, unrepaired defects.

For more information call the experienced trial attorneys at 858-259-5009 for a free case evaluation.