Case Summary - Dompe

Verdict Report (February 26, 1998)

Song-Beverly Consumer Warranty Act

Verdict: $37,776.00 (gross), $34,820.00 (net after Song-Beverly mileage offset), civil penalty of $45,000.00, plus attorney’s fees and costs to plaintiffs.

Case Name: Pamela Dompe v. Mercedes-Benz of North America, Inc.

Trial Time: 6 days.

Attorneys:

Plaintiff’s Counsel: Robert F. Brennan, Esq., Glendale
Defendant’s Counsel: Gregg Audet, Esq., BANNAN, SMITH, GREENE, FRANK & RIMAC, for defendant MERCEDES-BENZ OF NORTH AMERICA, INC.

Defendant:

Automotive Mechanics, Mercedes-Benz of North America.

FACTS:

On April 14, 1994, plaintiff purchased a 1994 Mercedes-Benz C 280, with a Mercedes-Benz limited warranty for 48 months or 50,000 miles. Beginning almost immediately, she began to experience problems with the car of various kinds. In April of 1994, she complained of the vehicle pulling to the right. She complained to Mercedes dealerships on several occasions about odd noises, various electrical problems, engine complaints and various fit and finish items. She also complained that the vehicle’s ABS system did not bring the car to a stop within a reasonable distance. As she owned the car for a longer period, the engine and cooling system began manifesting various problems, including recurring oil leaks and engine coolant leaks. The vehicle’s entire cooling system was replaced at one time or another. In all, plaintiff had taken the car in for repairs at Mercedes dealerships a total of over 20 times as of the trial date. While she owned the car, she had three or four minor collisions, all of which were repaired.

CONTENTIONS:

Plaintiff contended that the subject vehicle, a first year production model, suffered from several recurring problems which had not been remedied by Mercedes-Benz and its dealerships within a reasonable number of attempts. Mercedes contended that the car had been repaired in all particulars, and that plaintiff’s problems were not substantial as they did not prevent her from driving the vehicle. Defendant also contended that the collisions may have caused some or all of the engine problems with the vehicle, and had substantially impaired the value and appearance of the vehicle.

DAMAGES:

Plaintiff’s purchase price of $37,776.00, plus civil penalty of up to treble damages.

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