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Rosner, Barry & Babbitt beats Stevens Creek Chrysler Jeep Dodge at trial
Rosner, Barry & Babbitt helped Timothy DeNike obtained a jury verdict and judgment against Stevens Creek Chrysler Jeep Dodge in Santa Clara County Superior Court related to his purchase of a new Jeep Wrangler. The jury found Stevens Creek Chrysler violated the Consumers Legal Remedies Act and Song-Beverly Consumer Warranty Act and made intentional misrepresentations. Mr. DeNike purchased what he was told was a new Jeep Wrangler with a “hard” top. However, the Jeep Wrangler had been manufactured by Chrysler Jeep with a “soft” top. Stevens Creek did not inform Mr. DeNike of this before he purchased the Jeep Wrangler. Mr. DeNike wanted a new Jeep Wrangler as it was manufactured, not a modified Jeep Wrangler. The jury awarded Mr. DeNike $36,192.79, which included rescinding the contract for the purchase of the Jeep Wrangler and money he paid for storage and insurance on the Jeep while the lawsuit was pending. In addition to the jury verdict, the Court entered a permanent injunction which prohibits Stevens Creek Chrysler from (1) selling new vehicles that have been modified from their factory-delivered condition without a sticker attached to the vehicles disclosing the modifications, and (2) failing to disclose to a purchaser of a new vehicle that the vehicle has been modified from its factory-delivered condition before the purchaser enters into an agreement to purchase the vehicle.
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