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2006 News Releases
Locke Reynolds Receives Defense Verdict for Hyundai
INDIANAPOLIS, July 2006 – Robert B. Thornburg , an attorney with Locke Reynolds, received a defense verdict for Hyundai Motor America when a Hamilton County, Indiana jury returned a verdict in favor of Hyundai in a breach of warranty case. Another Count in Plaintiff's Complaint, for violation of the Indiana Lemon Law, was dismissed on a directed verdict at the conclusion of the Plaintiff's case in chief.
On February 26, 2003, Plaintiff purchased a 2003 Santa Fe from Butler Hyundai in Indiana. Plaintiff's complaints regarding the vehicle caused her to report to an authorized dealership 12 times. The Plaintiff's complaints included illumination of the check engine light, a leaking transaxle case, a transaxle shifting complaint, a leaking transfer case, and a noisy wheel bearing. The check engine light illumination resulted in 4 visits to the dealership. During these visits, the purge valve was replaced, the roll-over valve was replaced, a fuel tank ordered on the 3rd visit and installed on the 4th visit. The vehicle never returned for this condition and was driven for an additional 38,000 miles after the final repair. Plaintiff also complained of a noise from the rear of the vehicle which was traced to a failing left wheel bearing, which was replaced during a one-day visit to the dealership. Finally, Plaintiff complained that the transaxle did not shift properly, which resulted in its replacement and a transaxle leak and transfer case leak which were repaired on different dealership visits.
After filing the suit in 2004, Plaintiff sold the subject vehicle during the summer of 2005. At the time of the trade in, the vehicle had been driven 44,273 miles in a period of 2 1/2 years.
The Plaintiff requested damages of at least $3,743.18 for breach of warranty plus an unspecified amount for her time and inconvenience. Hyundai argued that, while admittedly the vehicle had experienced some mechanical problems, these items had been repaired and were covered under the vehicle's warranty at no expense to the Plaintiff. The jury agreed, returning a unanimous verdict in favor of Hyundai on the remaining breach of warranty counts.
Attorney for Hyundai was Rob Thornburg of Locke Reynolds LLP in Indianapolis, Indiana. Attorney for Plaintiff was John Barker of Krohn & Moss in Chicago, Illinois.
Mr. Thornburg is a trial attorney who defends automobile, recreational vehicle, and other products' manufacturers, distributors and retailers against product liability and warranty claims. He also defends individuals and companies in automobile accident and premises liability lawsuits.
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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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