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2005 News Releases
Locke Reynolds Receives Defense Verdict for Hyundai
On August 11, 2005, a Madison County, Indiana jury returned a defense verdict in favor of Hyundai Motor America, Inc. finding that neither an express nor implied warranty had been breached. At trial, plaintiffs claimed Hyundai had violated the express warranty covering the plaintiffs' 2003 Tiburon, that Hyundai had violated the implied warranty of merchantability and that Indiana's Motor Vehicle Protection Act (Lemon Law) had been violated. At the close of plaintiffs' case, the court granted Hyundai's motion for judgment on the evidence on the plaintiffs' claim for a violation of the Indiana Motor Vehicle Protection Act.
Plaintiffs asserted that two replacement transaxles were installed in the plaintiffs' vehicle necessitating at least 5 visits to the dealership for diagnosis, ordering of parts and transaxle installation. In addition, following the installation of the replacement transaxles, plaintiffs installed a cold-air intake system and replaced the factory installed exhaust system with a high-flow, performance exhaust system. The Tiburon was then involved in a collision which caused extensive damage to the front of the vehicle after which the vehicle ran rough and would stall. Plaintiffs conceded that the running rough and stalling complaints were caused by the collision and installation of after-market parts on the vehicle.
Hyundai defended the case by arguing that the transaxle replacements were caused by misuse and/or abuse. Hyundai relied on circumstantial evidence, such as, drag racing (plaintiff admitted to drag racing the vehicle at a drag strip at least one to three times), clutch pedal wear, premature tire wear, and after-market parts installation, to prove abuse. Hyundai Motor America was represented by Products Liability group member Robert B. Thornburg.
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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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