Case Summary - Benjamin

TYPE OF CASE: SONG-BEVERLY CONSUMER WARRANTY ACT

CONFIDENTIAL: No

AMOUNT: TOTAL AMOUNT OF SETTLEMENT: $ 154,349.24
GENERAL AND SPECIAL DAMAGES: $ 31,000
OTHER: $123,349.24

ATTORNEYS: PLAINTIFF: ROBERT F. BRENNAN, ADDRESS AS ABOVE

EXPERTS: PLAINTIFF: TIMOTHY SAURWEIN, AUTOMOTIVE TECHNOLOGY, TUJUNGA.

DEFENSE: BRETT PATE, EMPLOYEE OF CONNELL CHEVROLET, DEALER PRACTICES; MICHAEL PARKER, AUTOMOTIVE MECHANICS, IRVINE.

FACTS OF CASE: Plaintiffs Rick and Lisa Benjamin purchased a 1997 conversion van from Connell Chevrolet in late 1996. The van was a General Motors conversion van, and the conversion had been done by Travel Quest. Plaintiffs' family could not use the van because the seat belts were too uncomfortable. Defendants tried to fix the vehicle on several occasions, but could not remedy the seat belt problems. The seat belts were excessively tight and would grind into the necks of passengers in the middle and rear seats of the van. Plaintiffs also contended that some of defendants' repairs made the seat height of the front seats dangerous. Finally, plaintiffs contended that Travel Quest had used inferior, sub-grade hardware in the van conversion. Defendants contended that there were no problems with the vehicle, and that its responses to plaintiffs' complaints were effective and appropriate.

PLAINTIFF’S CONTENTIONS:

DEFENSE CONTENTIONS:

DAMAGES: PURCHASE PRICE PLUS INCIDENTAL DAMAGES OF $31,000.00.

SETTLEMENT DISCUSSIONS: Plaintiffs settled with two other defendants for a combined sum of $8,501.00 prior to trial. At trial, Travel Quest offered to settle for a waiver of costs, and Connell offered to settle for approximately $15,000.00. Plaintiffs rejected these offers.

OTHER INFORMATION: The jury found that Connell Chevrolet had breached its implied warranty of merchantability, in that it had promised to fix the seat belts from the very date of purchase, yet had failed to do so. The jury assessed the full damages against Connell Chevrolet. The jury returned a defense verdict in favor of Travel Quest. However, under the Song-Beverly act, there is a Statutory Indemnity provision whereby Connell could seek indemnity against Travel Quest. In a subsequent non-jury trial, the court ruled in favor of Connell on its indemnity claim against Travel Quest, and entered judgment against Travel Quest for the full amount of plaintiffs' damages, costs, fees and expenses.

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