Articles Posted in Lemon Law

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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 on 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 businesses; removing people who hate lawsuits is the idea.

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The case was listed for trial several times and adjourned several times. There were many reasons: no Judges, sick client, expert not available.

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.

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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 her 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 choose to wait feel free to do so until you hear the whole story.
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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.

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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, as well as 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 from the first repair attempt.

The Law Office of Jonathan Rudnick, a law firm in Red Bank/Middletown New Jersey, litigates consumer fraud and lemon law cases and provides for experienced representation.

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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. The Law Office of Jonathan Rudnick, 262 HWY 35, Red Bank NJ 07701. (732) 842-2070.

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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 on need, varying from 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 the complaints in writing. Do not accept the standard “can not duplicate” mantra from the dealership service representatives. Just remember that the dealership has no real power to take you out of the car without the manufacturer’s participation. You need to involve the manufacturer zone representatives at the earliest possible moment.

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