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2005 News Releases
Locke Reynolds Receives Defense Verdict For Hyundai
INDIANAPOLIS, April 2005 – A Marion County, Indiana jury returned a defense verdict for Hyundai Motor America when it decided that Hyundai did not breach an express warranty, did not breach an implied warranty of merchantability and that Indiana's Motor Vehicle Protection Act (Lemon Law) had not been violated.
At trial, Plaintiffs testified they had taken their vehicle to three different Hyundai dealers a total of twenty-eight times with complaints and requests their vehicle be repaired. Although subject to fifteen repairs under the warranty, Hyundai defended Plaintiffs' claims by asserting that the vehicle had been repaired, many of the Plaintiffs' complaints were never duplicated by its dealers, some of Plaintiffs' complaints were the normal operation of the vehicle and the legitimate concerns of the Plaintiffs had been repaired under Hyundai's limited warranty usually in a single repair attempt. Finally, Hyundai argued that despite the number of dealership visits, the vehicle had not been subject to repair four times, nor had it been out of service for thirty days for the same or any concurrent combination of defects or non-conformities. Thus, Indiana's Lemon Law requirements had not been met.
Hyundai was represented by Product Liability group member Robert B. Thornburg at trial.
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Contact:
Locke Reynolds LLP
Indianapolis, Indiana
317-237-3800
Fort Wayne, Indiana
260-497-6000
www.locke.com
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