Another Defense Verdict for Freightliner

April 1, 2004

Richard C. Moreno recently obtained a defense verdict on behalf of Freightliner Custom Chassis Corporation in a Lemon Law action. Plaintiffs alleged that Freightliner had breached the terms of its express warranty by failing to repair numerous alleged defects and non-conformities relating to the chassis of a motor home. The plaintiffs testified that the motor home continually pulled to the left since the day of purchase. The plaintiffs also alleged that defects to the box or bottom side of the coach had not been properly secured to the chassis, which also caused pulling to the left and other problems associated with the motor home.

Freightliner contended that the motor home had been repaired and that it had not breached the terms of its warranty. Freightliner also claimed that the plaintiffs were overly sensitive in regard to the manner in which a motor home is designed to track the roadway and that the plaintiffs were unfamiliar with the manner in which an air ride suspension chassis operates.

The plaintiffs requested that the jury reimburse them for the purchase price, down payment, incidental and consequential damages totaling $198,000. The plaintiffs also requested treble damages in the amount of $396,000. It is believed that the plaintiffs attorneys in this case had amassed some $350,000 in attorneys' fees which Freightliner would have been ordered to pay in the event of an adverse verdict, as attorney fees can be recovered in Lemon Law actions.

The jury returned a defense verdict.

This case marks the third Lemon Law defense verdict that Richard C. Moreno has obtained on behalf of Freightliner. Richard C. Moreno is an associate in the Los Angeles Office and focuses his practice on product liability matters. Rebecca Sobie, an associate in the Los Angeles office drafted the motions for this case.