July 2009 Archives

Sale of Unsafe Car Breaches Warranties

July 25, 2009

Plaintiff purchased a used car from a dealer. At the time of purchase, the car was already in need of servicing, and in the week that followed, additional problems arose. Plaintiff took the car to a local repair shop, which informed plaintiff that the car had many problems and was unsafe to drive. Plaintiff returned the car to the dealer for repairs. After the dealer returned the car to the plaintiff, the car was inspected by the same local repair shop that diagnosed the problems. Major problems were still found by the repair shop. Over a period of less than four weeks, repairs were made, but ultimately, the car required a new engine. At each stage of the repairs, plaintiff notified the dealer, but the dealer made no effort to make repairs and expressed no desire to assist the plaintiff. Unable to pay for the new engine, plaintiff sold the car for less than half of its purchase price. In plaintiff's lawsuit against the dealer, the court determined that at the time that the car was sold it was not fit for its ordinary use and would fail to provide satisfactory and adequate service. The court found that the car had zero value at the time it was sold, and awarded the plaintiff the cost of the car plus plaintiff's expenses.

Placing Items in Shopping Bag Is Not Theft

July 10, 2009

Defendant was stopped by store security and charged with larceny after putting a number of items in her bag and then going to a different floor in the store without first paying for those items. Defendant argued, among other things, that there was no indication that she had any intent to steal or otherwise remove the items from the store. The court, critical of the store's conduct, and noting the absence of any sign restricting the movement of goods between floors, agreed with the defendant and dismissed the charges.

Cars Illegally Parked in Bus Stop May be Liable for Personal Injuries

July 9, 2009

Plaintiff claims she fell in a pothole upon exiting a City bus. The City claims that the bus driver could not discharge the passenger at the bus stop because two cars were parked in the bus stop. In response to plaintiff's lawsuit, the City sued the owners of the illegally parked cars. The court denied the car owners' claim that they could not have been the cause of plaintiff's injury, finding that because the owner of an improperly parked could be liable even in the face of a negligent driver, it is possible that a jury could find the two owners liable.