November 02, 2009 : H. Benjamin Sharlin Defends Consumer Fraud Action
Associate H. Benjamin Sharlin successfully defended a New Jersey auto dealer against consumer fraud claims that a vehicle did not obtain proper gas mileage.
The manufacturer’s window sticker on the leased vehicle (EPA estimates) indicated that the car would obtain gas mileage of 24 miles per gallon in the city and 34 miles per gallon on the highway. Plaintiff alleged in the Complaint that her vehicle was only obtaining 22 miles per gallon on the highway.
In her Complaint, plaintiff alleged that the dealership advertised highway mileage for a full loaded Honda Accord between 24 and 34 miles per gallon. She further claimed that the dealership performed its own mileage test to confirm that the automobile was underperforming. Plaintiff also claimed that the dealership promised that the mileage would improve over time. The mileage performance allegedly never improved.
At the close of discovery, the dealership joined with the manufacturer in a motion for summary judgment on all counts. The Hon. Andrew J. Smithson of Mercer County ruled that the plaintiff failed to sustain any viable cause of action against either defendant. Furthermore, Judge Smithson ruled that the face of the Complaint did not reveal any type of fraud or consumer fraud. Additionally, he held that the Lemon Law cannot apply to a dealership. As for the manufacturer, he sided with the dealership that a window sticker only represents estimates and that a variety of factors (i.e., driving style, weather, maintenance and traffic) can affect a vehicle’s gas mileage consumption.
File Under: Results, Product Liability, H. Benjamin Sharlin