 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Thiedemann v. Mercedes-Benz USA.5/18/2005
B.
In September 1999, Brian and Barbara Flaherty, New York residents, purchased a 1999 Mercedes-Benz C-280 from Helms Brothers Mercedes in Bayside, New York. They experienced difficulties with inaccurate fuel gauge readings and, on at least two occasions, ran out of fuel while driving. They filed a lawsuit against Mercedes-Benz under the Pennsylvania Automobile Lemon Law, Pa. Stat. Ann. tit. 73, ยง 1951, that settled when the Flahertys agreed to release their claims as part of a key-for-key exchange of the 1999 C-280 for a newer model vehicle. Thus, they turned in the 1999 Mercedes-Benz C-280 and received the newer 2000 model at no additional out-of-pocket cost and subject to the same financing terms as the 1999 vehicle, including credit for all payments made to date on the older vehicle. Mr. Flaherty conceded in this matter that he did not pay for the cost of repairs or for the loaner cars that were provided to him in connection with the 1999 Mercedes-Benz.
Unfortunately, the Flahertys began to experience inaccurate fuel gauge readings with their newer C-280 model. After defendant made several repair attempts, the Flahertys were offered the opportunity to trade in their C-280 for a new Mercedes-Benz E-320. Although the 2000 Mercedes-Benz C-280 had 7,500 miles on its odometer, defendant agreed to value the vehicle as if it were new. Thus, an agreement was reached that permitted the Flahertys to upgrade their used vehicle by paying the difference in price between the Manufacturer's Suggested Retail Price for a new C-280 and for a new E-320. As with their 1999 vehicle, they incurred no out-of-pocket expenses in connection with the warranty repairs made to the 2000 Mercedes-Benz C-280 and they received a free loaner car whenever their vehicle was being repaired.
Notwithstanding the new make and model of their Mercedes Benz vehicle, the Flahertys again began to notice inaccurate fuel gauge readings. Unlike their earlier experiences when their vehicle's fuel gauge did not detect an empty tank, the E-320 fuel gauge would not disclose a reading above three-fourths of a tank even when the fuel tank was full. Mercedes-Benz repaired the problem in accordance with its warranty program and the motion record reveals that since then the Flahertys have not reported another fuel-sensor problem.
Plaintiff Yuet Lan Lam had a like experience with defendant in respect of warranty repairs to her vehicle. She leased a Mercedes-Benz ML-430 from Prestige Motors Inc. in Paramus, New Jersey in October 1999. The lease was for three years with a fixed end, at which time she would be required to turn in the vehicle unless she exercised the vehicle purchase option under the lease. According to Lam, on four occasions (once in April 2000, twice in November 2000, and once in February 2001), her vehicle stalled and she had to bring it to defendant for repairs that were covered by vehicle warranty. In respect of the incidents in November 2000 and February 2001, when Lam's car stalled she was able to restart it and drive away. She also conceded that she had filled her tank just prior to the latter incident. Apparently a misreading of an empty fuel tank was not the cause. Nonetheless, she asserts that those episodes of stalling occurred because of the same defective condition in the fuel-sending unit that caused the problems experienced by the Flahertys. She produced in support two repair invoices provided by defendant in connection with the warranty work although one, dated November 21, 2000, states that the vehicle's stalling problem was caused by a faulty fuel pump and the second, dated December 11, 2000, states that work was performed on the fuel injection control module.
We note that defen
Page 1 2 3 4 5 6 7 8 9 10 New Jersey Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|