Socially-distanced trial produces defense verdict for auto manufacturer.
After a masked and socially distanced two-day trial in Bucks County, we obtained a defense verdict in favor of an automotive manufacturer. The plaintiff purchased a new 2018 vehicle on March 10, 2018. Approximately one year after the purchase, the plaintiff complained several times that the start/stop function shut off and would not restart. The manufacturer identified the problem and was working on a solution. Meanwhile, the dealership told the plaintiff to turn off the start/stop function until a software update came out. The software update came out in early May of 2019, less than 80 days after the plaintiff’s first complaint. The plaintiff asserted claims under the Pennsylvania Automobile Lemon Law, Magnuson-Moss Warranty Act, Uniform Commercial Code, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law that the vehicle’s repair history was all related to an intermittent and still unrepaired start/stop issue with the car. The defense successfully proved through witness and expert testimony that the vehicle’s mechanical problems were fixed in a timely fashion. The repair work done by the dealership under the warranty was effective and reliable, and the problem was permanently repaired. After trial, the judge requested that each side provide a memorandum with findings of fact and closing arguments. Upon review of same, a ruling was issued in our client’s favor.