Case Summary - McNitt

Verdict Report (December 24, 1997)

Song-Beverly Consumer Warranty Act

Verdict: $31,000.00 (gross), $24,000.00 (net after Song-Beverly mileage offset), plus attorney’s fees and costs to plaintiffs.

Case Name: Michael and Donna McNitt v. General Motors Corp.

Trial Time: 6 days.

Attorneys:

Plaintiff’s Counsel: Robert F. Brennan, Esq., Glendale
Defendant’s Counsel: David Ruben, RUBEN & JUSTMAN, for defendant GENERAL MOTORS CORP.

FACTS:

On July 2, 1993, plaintiffs MICHAEL AND DONNA McNITT leased a 1993 Chevroled S-10 Blazer from Rally Chevrolet. Lease payments for the 60-month lease totaled $28,087.80. Plaintiffs drove the vehicle for approximately 20 months without serious problems, but at 26,000 miles the vehicle began to manifest severe engine difficulties. The car was still under the GM warranty, and the plaintiffs took the car back to GM several times for engine repairs, all of which were not successful. Plaintiff’s expert witness confirmed that the vehicle suffered from severe engine-related defects which had not been repaired, some of which related to design changes in the Chevy S-10 between the 1992 and 1993 model years.

CONTENTIONS:

Plaintiffs contended that the vehicle contained defects and nonconformities which GM and its dealerships failed to correct within a reasonable number of attempts. GM contended that the defects were not serious, that they had been substantially repaired and that the plaintiffs had enjoyed virtually the full benefit of their five-year lease at the time the case came to trial.

DAMAGES:

Lease price of $28,087.80, plus incidental damages of approximately $3,000.00.

OTHER INFORMATION:

The verdict was unanimous.

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