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In New Jersey Jury selection is very limited. The Judge asks the jurors about 50 questions ranging form are you a citizen to what do your children do and what are your hobbies? There are certain questions that they have to ask and then the attorneys submit questions that they want the Judge to ask the Jury. Jury selection can last from one to three hours depending in how long the trial will last. The Judge picks seven jurors of which one will be an alternate. The lawyers have six challenges to remove jurors for almost any reason.
In this case the Judge used some new questions and asked the jurors what they thought of the civil justice system and whether it did not permit appropriate claims or allowed too many claims. The jurors were very attentive and gave very specific answers and I think they wanted to serve on the Jury. It was only a 2-3 day trial.
The point to jury selection is to excuse the jurors that will not be favorable to your case. A tough thing to do with a few questions and a quick answer here and there. You are supposing built in prejudices in people you have never met, a dangerous thing to do. Generally plaintiff's; lawyers remove people in the insurance industry and those who own business. Remove people who hate lawsuits is the idea
The case was listed for trial several times and adjourned several times. There were many reasons: No Judges, sick client, expert not available, no Judges, no Judges.
There were at least 4 trial dates and on the fifth date we got a Judge on Thursday of the trial week.
No substantive motions were made because there really were none that needed to be decided by the Court.
My client, Hannah, (name changed to protect the innocent) was sent to me by another lawyer in North Jersey. She purchased the car in October 2004 and had problems immediately with fumes in the car. At about 900 miles she was forced to seek medical treatment and again at about 2,500 due to the fumes. The car was returned to the dealership also at 3,700, 5,200 and lastly at 10,000 miles for the same claimed problems. Repair orders reflect some of the problems. She has not driven the car since 2007 after it broke down and the fumes had continued to bother her. She demanded he money back after the second repair attempt and rebuked (denied)by the MFGR.
The dealer and the manufacturer rep could not duplicate the problem. Hannah claims that the courtesy driver at the dealer verified the complaint, but not the service writers or the mechanics.
The car cost $50,000 and was a Mercedes Benz.
Suit was filed late 2005 after the first or second repair attempt.
For those of you who want to know the verdict it is the continued portion of the entry. If you chose to wait feel free to do so until you hear the whole story.
Continue reading "Lemon Law Trial - Background Facts" »
I received a verdict and will try to start the postings later when I get a free moment. I am keeping you in suspense
I started a trial in Ocean County, New Jersey last week and will, at the close of trial, be providing a blow by blow on the entire case. These should be the topics. Case history, procedural history, trial strategy, picking a jury, openings, testimony, closings, jury charge and final thoughts. I think that you will find it very interesting and worth following the story
The New Jersey Lemon Law is a very important piece of consumer legislation. The remedies are very liberal and provide for a fair recovery. If the claimant wins a case under New Jersey Lemon Law they are entitled to a buyback of the vehicle in litigation. This starts with a payoff of the outstanding balance of the car loan, if there is a balance. Then all the payments that are made are returned to the car owner and the down payment. Other valid damages include rental car bills, towing charges, repair bills, filing fees, expert fees and attorney fees. There is an offset for mileage that is charged against the consumer for use of the vehicle and it is calculated form the first repair attempt.
Carton and Rudnick a law firm in Red Bank/Middletown New Jersey litigates consumer fraud and lemon law cases and provides for experienced representation.
There appears to be a host of consumer complaints about this car. I personally have always thought Toyota was the best manufacturer hands down. Things are changing. Some complaints pertain to an acceleration problem, and there are some generalized complaints. Tacoma complaints from complaint.com. If you have any problems with the Toyota Tacoma, acceleration or otherwise we provide free consultations. Carton and Rudnick, 262 HWY 35, Red Bank NJ 07701. (732) 842-2070.
If you want to pursue a claim in the Administrative Court you MUST send a 10 day letter. This is a jurisdictional requirement.
If you want to sue in Superior Court you do NOT need to send a ten day letter.
If you have a complaint with a manufacturer this is the contact information for every major manufacturer. I use these all the time. Recalls, TSB's or any other complaint. Feel free to contact them and raise your concern.
This is a great site run by the government and keeps track of all the most recent recalls: Recalls-Recalls-Recalls
Recalls
Consumer Products
Foods, Medicines, Cosmetics
Motor Vehicles, Car Seats
Environmental Products
Meat and Poultry Products
Boats and Boating Safety
Are you experiencing any problems with the operation of this car? If you are you are not the only Honda owner complaining. The engine works on a variable management system that shifts cylinder use based in need, varying form three to six cylinders. There appears to be some issue with the operability of these engines with excessive noise and vibration.
The New Jersey Lemon Law would provide a remedy with these vehicles owners under many circumstances and permit a refund of monies paid to acquire these vehicles. If you are experiencing these problems make sure to document in writing the complaints in writing. Do not accept the standard “can not duplicate” mantra form the dealership service representatives. Just remember that the dealership has no real power to take you out of the car without the manufacturer participation. You need to involve the manufacturer zone representatives at the earliest possible moment.
Millions of new and used cars are sold every year in this country. It is well known within the industry, that many of the used cars are damaged, ranging form minor body damage to serious frame damage.
Many dealers sell these cars and make a handsome profit. The first issue is what is the dealers liability if they sell these cars?
There are many areas of law that address this liability: Consumer Fraud, Fraud, Breach of Warranty, Lemon Law (New and Used)
FRAUD
The basic premise of fraud is that if the dealer knows about the damage and they think that disclosing the information would make a difference in the consumers purchasing decision they must make the disclosure, whether or not they are asked by the purchaser. There is also liability for reckless disregard, meaning if they intentionally disregard the risk and stick their heads in the sand to avoid learning that the car was damaged there is liability.
CONSUMER FRAUD
The analysis is more complex but for the sake of brevity, if the dealer knew or should have known and failed to disclose this information there is liability under the Consumer Fraud Act. Intent must be proven under this situation.
The dealer can also be sued if the they misrepresented that the car was not in an accident when it actually was, even if they did not know. This is called an affirmative misrepresentation of fact. The dealer as a seller of merchandise is obligated to assure that their representations pertaining to their goods must be accurate
Continue reading "Consumer Fraud and Selling Damaged Cars: Dealer Liability" »
Buying the wrong car can have a devastating impact on you life. If you car breaks down how will you get to work and pay the bills. If it doesn't work right, why doesn't the manufacturer just replace it? If only life were that simple?
The lemon law works to force manufacturers to back their product: Paint peeling, knocking engine, faulty transmission, leaky sunroof or door locks. You are dealing with a billion dollar company. The lemon law gives you a protection. You can FORCE the manufacturer to buy back the car.
If the use, value or safety of you car has been substantially affected you can have your car repurchased with attorney fees and cost reimbursed. You can also get you money back if the dealer has taken too long to fix the car. Yes that is correct. Even if the dealer fixes the car, but it takes too long, you can get your money back.
Continue reading "New Jersey Lemon Law. " »
