Sutter O’Connell attorneys successfully defended a major auto manufacturer in a warranty suit, obtaining a unanimous defense verdict in Memphis, Tennessee after approximately one hour of jury deliberations. The plaintiffs alleged they purchased a new vehicle and very quickly began experiencing intermittent problems with the brakes and transmission. They presented it to two authorized dealers for repair, but neither dealership could verify any problem with the vehicle. Committed to their complaints, the plaintiffs hired an independent mechanic to evaluate the vehicle. He identified what he considered to be brake and transmission problems. Plaintiffs stopped driving the vehicle and rented a car for almost two years as litigation proceeded. As a result, they had over $23,000 in rental car bills which they sought to recover, in addition to the purchase price of the vehicle and attorneys’ fees.
Sutter O’Connell attorneys Britt Phillips and Chris Schroeck presented a simple defense: there was nothing wrong with the vehicle. The plaintiffs were suffering from a case of buyer’s remorse. They intended to purchase a truck when they went to the dealership, changed their minds while there, and then changed them back after the purchase. Dealership witnesses testified they were trained to identify problems with vehicles and perform warranty work. No issues were identified with the vehicle. An expert witness testified regarding a thorough inspection and test drive of the vehicle in which it performed as expected. The 12-person jury determined there was no defect, and Plaintiffs were entitled to no damages. Sutter O’Connell is proud to represent a number of automotive and heavy truck clients, defending their quality products in both warranty and product liability suits.