Wis. Court Upholds Lemon Law Verdict

Posted Thursday, May 24, 2012 --- 9:52 a.m.

MADISON, Wis. (AP) -- The state Supreme Court has upheld a $482,000 lemon law judgment against Mercedes-Benz USA LLC.

The decision stems from a case that has been bouncing around Wisconsin courts since 2005. Waukesha businessman Marco Marquez purchased an E 320 for $56,000 from a Milwaukee dealership. The car wouldn't start and after several attempts to fix it Marquez sent Mercedes-Benz a refund demand. The company failed to provide one within the 30-day window under the lemon law.

A judge awarded Marquez $482,000 in damages and attorney fees. Mercedes-Benz argued on appeal that Marquez failed to provide the company with enough information about his loan within 30 days.

The Supreme Court rejected that argument, ruling manufacturers must prove consumers intentionally thwarted the refund to escape liability.

Mercedes-Benz's attorney didn't immediately return a message.

Copyright 2012. The Associated Press.


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