Trial News
Verdicts & Settlements: Consumer Protection
Breach of warranty
June 8, 2020Tyree Newton purchased a used 2012 BMW 750 from a BMW dealership. The car, which cost approximately $108,000, developed numerous defects including excessive oil consumption, software issues, and fuel pump problems. BMW inspected the vehicle six times, performed oil consumption tests, and eventually replaced the engine. Nevertheless, Newton’s vehicle continued to experience problems that BMW failed to fix.
Newton sued BMW of North America LLC, alleging breach of express and implied warranties. The plaintiff alleged that the defendant knew that the vehicles were consuming excessive oil but instructed dealers not to write up repair orders for consumers reporting this problem.
The jury awarded more than $404,200. After the plaintiff elected his remedies under state law, the court entered judgment for approximately $294,900.
Citation: Newton v. BMW of N. Am., No. BC672414 (Cal. Super. Ct. Los Angeles Cty. Jan. 6, 2020).
Plaintiff counsel: Brian Murray, Michael Rosenstein, and Jacob Cutler, all of Los Angeles.
