This week, jurors awarded Glenna and Max Overbey a total verdict of over $1 million in a case against Chad Franklin and Chad Franklin National Auto Sales North, LLC.  Here are copies of jury verdict forms in the case -

Overbey verdict

Here is a link to a TV story about the case -

http://www.nbcactionnews.com/dpp/money/consumer/call_for_action/$1-million-jury-verdict-against-chad-franklin-

Our firm was not involved with the case.

Last week, a Baltimore County jury returned a $70,000.00 verdict against a car dealer.  A portion of the issues in the jury’s verdict sheet involved a disclosure notice, and the court instructed the jury that the defendant admitted to not sending a copy of the notice to the Motor Vehicle Administration (“MVA”) as required by law.  The jury found the following:

• That the consumer suffered damages as a result of the defendant not sending a copy of the notice to the MVA
• That the defendant did not provide to the consumer a copy of the notice
• That the consumer suffered damages as a result of the defendant not providing to the consumer a copy of the notice

The jury also failed to find that the defendant forged the consumer’s signature on the notice, but the jury did find that the defendant materially altered the notice after the consumer signed it.  The jury also found:

• That the defendant intentionally concealed a material fact to the consumer with the intent to induce the consumer to act in reliance on such representation
• That the defendant negligently failed to tell the consumer a material fact
• That the consumer suffered damages as a result of the concealment from, or the negligent failure to tell, the consumer of the material fact

The jury provided for damages:

• $15,000.00 for economic
• $5,000.00 for non-economic
• $50,000.00 for punitive

Williams & Santoni, LLP (Maryland) (http://www.williams-santonilaw.com) represented the consumer.

A Wyoming jury found a used car dealer guilty of several felony counts.  Here is a link to a detailed article -

 http://ca.sys-con.com/node/1256584

An Oklahoma jury recently returned a verdict in favor of a consumer in a lawsuit against Jack Cooper Imports, LLC.  Oklahoma lawyers Luke Wallace and David Humphreys represented the consumer.  Our firm was not involved in the case.  It is our understanding that the consumer alleged the the car dealer sold the consumer a previously-wrecked car without disclosing the prior wreck.

The jury provided the following amounts for damages:

• $5,300.00 in diminished value to the car
• $275,000.00 in damages as a result of fraud
• $52,500.00 in punitive damages

The jury also found, by clear and convincing evidence, that the car dealer acted intentionally and with malice towards others.  Portions of the jury’s verdict forms are here (the jurors’ names have been removed) -

Verdict Forms

Here is a link to the docket sheet for the case -

http://www.oscn.net/applications/ocisweb/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2209810&db=Oklahoma

A consumer alleged that the car she purchased from a Chicago dealership was a rebuilt wreck.  The evidence at trial indicated that the car was repaired by an out-of-state company and was sold at an auction with alleged unibody damage two weeks before the defendant sold it to the consumer.

Illinois lawyer Dmitry Feofanov represented the consumer, and the jury returned a total verdict of $114,200.00.  Here is a copy of the jurors’ verdict form -

verdict

Mr. Feofanov handles lemon law and other auto cases.   Here is a link to his website -

http://www.chicagolemonlaw.com/

Here’s a twist – a car salesman was fired because he complained about what he thought were improper tactics used by his car dealer-employer.  He sued for alleged wrongful termination and won the trial.  A court of appeals overturned the trial court.  Link to the story – http://www.courthousenews.com/2009/09/02/Car_Salesman_Loses_Wrongful_Firing_Case.htm

A Miami-Dade County jury assessed $50,000.00 in punitive damages against local dealership Bull Motors, Inc. d/b/a Maroone Ford of Miami.  The plaintiff in the case was represented at trial by attorney James M. Loren, with Loren & Mercer, P.A.  The consumer sued for alleged unfair and deceptive practices, as well as for other causes of action.  We have no knowledge as to the truth or falsity of the plaintiff’s allegations.  We post below the third amended complaint (with attachments removed) and the verdict forms (with a juror’s name redacted).

third-amended-complaint1

verdict-form1

verdict-form-punitive-damages

An 85-year-old single woman sued Schaller Auto World for what she alleged were improper actions.  A Connecticut jury returned a verdict in her favor, finding an intentional violation of the Connecticut Unfair Trade Practices Act (CUTPA) and negligent infliction of emotional distress.  The court ordered that a judgment be rendered for over $53,000.00.  Our firm was not involved in the case.  A copy of the court’s memorandum of decision on the defendant’s motion to set aside a portion of the verdict is here:

belina-v-schaller

A Fort Worth Jury returned a verdict on May 7, 2009 in a lawsuit brought by a consumer against General Motors Corporation and Autonation Fort Worth Motors, Ltd. d/b/a/ Bankston Chevrolet Fort Worth (“Bankston Chevrolet”).  The jury determined that Bankston Chevrolet engaged in a false, misleading, or deceptive act or practice that was a producing cause of damages to the consumer.  The jury also returned a total verdict of over $140,000.00, divided between the two defendants.  Our firm was not involved in the case.

Here is a copy of the completed jury charge (with jurors’ names removed) – mitchell-v-gm-courts-charge1