Preview
ILED
mk
2d MOM PLEAS Court
The Robison Lemon Law Group, LLC WM APR 1B PM 2: 15
By: Emma C. Robison tte
Attorney ID: 99414 CL DE
RTS
181 Andrien Rd ALLEG 49, tt
Glen Mills, PA 19342
(267) 504-4744
COMMON PLEAS COURT OF THE STATE OF OHIO
COUNTY OF ALLEN
Holly Cox
516 Honeysuckle Bend
Lima, OH45807 CIVIL ACTION
Plaintiff, INDEX NO.
Vv.
COMPLAINT CV 2024 0 1 14
KOHLRIESER
General Motors, LLC
C/O CSC
1160 Dublin Road, Ste. 400
Columbus, OH 43215
Defendant.
COMPLAINT — CIVIL ACTION
Plaintiff, Holly Cox, by and through Ms.Cox attorneys, The Robison Law Group, LLC,
hereby files this Complaint against the above-named Defendant, and, in support thereof states as
follows:
THE PARTIES
Plaintiff, Holly Cox, at all relevant times, was an adult citizen of the State of Ohio and
resides at 516 Honeysuckle Bend, Lima, OH45807.
Defendant, General Motors, LLC, maintains their place of business at C/O CSC, 1160
Dublin Road, Ste. 400, Columbus, OH 43215.
\8
BACKGROUND
This is a civil action arising out of the Plaintiff's purchase/lease of a 2022 GMC Yukon
bearing VIN 1GKS2GKD6NR207267. At the time of sale, Plaintiff received a
manufacturer’s limited warranty, This warranty states that should a defect arise within
the vehicle, it will be fixed by the manufacturer within a reasonable amount of time or
attempts.
Due to defects that include, but are not limited to, Infotainment System going in and out,
and the check engine light illuminating off and on, the Plaintiff has retumed to an
authorized dealership no less then three (3) times and/or the vehicle has been out of
service thirty (30) or more days.
All defects arose within the manufacturer’s limited warranty period.
Due to the manufacturer’s failure to fix this defect within a reasonable amount of time,
Plaintiff asserts that the manufacturer’s limited warranty is breached.
The defect renders the vehicle substantially unsafe and unable to be used by the Plaintiff
as intended. The defect also significantly diminishes the value of the vehicle.
COUNT I- OHIO LEMON LAW
Ohio Lemon Law was enacted to give consumers a remedy if they purchase a vehicle that
has a nonconformity that substantially impairs its value.
The Act holds that if a defect arises within the first two (2) years or eighteen thousand
(18,000) miles of ownership, that cannot be fixed within a reasonable amount of time or
number of attempts, along with substantially impairing the vehicle’s value, then the
consumer is entitled to have the vehicle repurchased or replaced.
It shall be presumed that a vehicle is subject to repair an unreasonable number of times if:
a. The vehicle is delivered to the dealership three (3) or more times for the same
defect;
The vehicle is out of service 30 or more business days during the initial twelve
(12) months;
The vehicle is subject to repair eight (8) or more times for different problems; or
There is one (1) unsuccessful repair attempt to fix a problem that can cause death
or serious bodily injury.
Here, the Plaintiff returned the vehicle to an authorized dealership for repair no less than
three (3) times and/or the vehicle was out of service thirty (30) or more days within the
first year or twelve thousand (12,000) miles.
Due to the Defendant’s failure to fix a nonconformity that arose within the first two (2)
years or eighteen thousand (18,000) of the vehicle’s life within a reasonable amount of
time or number of attempts, along with the defect substantially impairing the value of the
vehicle, Ohio Lemon Law is breached.
The Act also provides for the payment of attorney fees/costs should the Plaintiff prevail.
Id. at (1)
WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant,
equal to the purchase price of the vehicle, plus attorney fees/costs, and other such relief as
may be determined to be reasonable.
COUNT Il - MAGNUSON-MOSS WARRANTY IMPROVEMENT ACT
14. The Magnuson-Moss Warranty Improvement Act ensures that a manufacturer adhere to
any warranty issued with a product.
2. The Act states that if a warranty is present when goods are exchanged, and the product
exhibits a nonconformity, the seller must fix the defect within a reasonable number of
time or attempts, or the consumer may sue for damages.
4 Here, the Plaintiff returned to an authorized dealer no less than three (3) times
and/or the vehicle as out of service for greater than thirty (30) days for the same
defect.
Due to the Defendant’s failure to fix this nonconformity within a reasonable
number of time or attempts, the Defendant is in breach of the warranty.
A violation of this Act entitles the Plaintiff to the diminished value of the vehicle
unless special circumstances show proximate damages of a different amount.
4 The Act also provides for the award of reasonable attorney fees/costs.
WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the
amount of the diminished value of the vehicle, plus attorney fees/costs, and other such relief as
may be determined to be reasonable. This amount is not to exceed $50,000.
COUNT II — UNIFORM COMMERCIAL CODE
The Uniform Commercial Code also provides relief for a consumer if a manufacturer
breaches a vehicle’s warranty.
This breach includes a violation of the vehicle’s
a Express warranty under
b. Implied warranty under
C. Implied warranty of fitness for a particular purpose under and
d. Implied warranty of merchantability under
A breach of warranty occurs if the manufacturer fails to fix the defect within a reasonable
amount of time or number of attempts.
Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the
vehicle as out of service for greater than thirty (30) days for the same defect.
The measure of damages for breach of warranty under the Ohio UCC is the difference at
the time and place of purchase between the value of the goods accepted and the value
they would have had if they had been as warranted, unless special circumstances show
proximate damages of a different amount.
Due to the Defendant’s failure to fix a warrantable defect within a reasonable amount of
time or number of attempts, the Plaintiff's vehicle has a significant diminished value.
WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the
amount of the diminished value of the vehicle and other such relief as may be determined
reasonable,
COUNT IV — OHIO SALES PRACTICES ACT
The Ohio Consumer Protection Act prohibits certain actions that are deemed unfair or
deceptive.
The Act defines unfair methods of competition and, unfair or deceptive acts or practices,
to include: Failure to comply with the terms of any written guarantee or warranty given
to the buyer at, prior to, or after a contract for the purchase of goods or services is made.
Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the
vehicle as out of service for greater than thirty (30) days for the same defect.
The measure of damages under the Act is the damages sustained due to the warranty
breach. This may include, but is not limited to, the purchase price or diminished value of
the vehicle. Id.
§. The Act also provides for the award of reasonable attorney fees/costs.
WHEREFORE, Plaintiff demands judgement in Ms. favor and against the Defendant in the
amount of the purchase price of the vehicle and other such relief as may be determined
reasonable. Plaintiff also demands attorney fees/costs.
By:
mma C, Robison
Attorney for the Plaintiff
The Robison Law Group
181 Andrien Rd.
Glen Mills, PA 19342
(267) 504-4744
emma@lemonlawear.com
COMMON mre CGURT
The Robison Lemon Law Group, LLC TM APR IB PH 2: 15
By: Emma C. Robison. Mee
Bit Lag uf
Attomey ID: 99414 COURTS
181 Andrien Rd Alte “iY OW
Glen Mills, PA 19342
(267) 504-4744
COMMON PLEAS COURT OF THE STATE OF OHIO
COUNTY OF ALLEN
Holly Cox
516 Honeysuckle Bend
Lima, OH45807 CIVIL ACTION
Plaintiff, INDEX NO.
v,
comeranr CV2024 0114
KOHLRIESER
General Motors, LLC
C/O CSC
1160 Dublin Road, Ste. 400
Columbus, OH 43215
Defendant.
COMPLAINT — CIVIL ACTION
Plaintiff, Holly Cox, by and through Ms.Cox attorneys, The Robison Law Group, LLC,
hereby files this Complaint against the above-named Defendant, and, in support thereof states as
follows:
THE PARTIES
Plaintiff, Holly Cox, at all relevant times, was an adult citizen of the State of Ohio and
resides at 516 Honeysuckle Bend, Lima, OH45807.
Defendant, General Motors, LLC, maintains their place of business at C/O CSC, 1160
Dublin Road, Ste. 400, Columbus, OH 43215.
\8
BACKGROUND
This is a civil action arising out of the Plaintiff's purchase/lease of a 2022 GMC Yukon
bearing VIN 1GKS2GKD6NR207267. At the time of sale, Plaintiff received a
manvfacturer’s limited warranty. This warranty states that should a defect arise within
the vehicle, it will be fixed by the manufacturer within a reasonable amount of time or
attempts.
Due to defects that include, but are not limited to, Infotainment System going in and out,
and the check engine light illuminating off and on, the Plaintiff has returned to an
authorized dealership no less then three (3) times and/or the vehicle has been out of
service thirty (30) or more days.
All defects arose within the manufacturer’s limited warranty period.
Due to the manufacturer’s failure to fix this defect within a reasonable amount of time,
Plaintiff asserts that the manufacturer’s limited warranty is breached.
The defect renders the vehicle substantially unsafe and unable to be used by the Plaintiff
as intended. The defect also significantly diminishes the value of the vehicle.
COUNT I- OHIO LEMON LAW.
Ohio Lemon Law was enacted to give consumers a remedy if they purchase a vehicle that
has a nonconformity that substantially impairs its value.
The Act holds that if a defect arises within the first two (2) years or eighteen thousand
(18,000) miles of ownership, that cannot be fixed within a reasonable amount of time or
number of attempts, along with substantially impairing the vehicle’s value, then the
consumer is entitled to have the vehicle repurchased or replaced.
It shall be presumed that a vehicle is subject to repair an unreasonable number of times ift
a. The vehicle is delivered to the dealership three (3) or more times for the same
defect;
The vehicle is out of service 30 or more business days during the initial twelve
(12) months;
The vehicle is subject to repair eight (8) or more times for different problems; or
There is one (1) unsuccessful repair attempt to fix a problem that can cause death
or serious bodily injury.
Here, the Plaintiff returned the vehicle to an authorized dealership for repair no less than
three (3) times and/or the vehicle was out of service thirty (30) or more days within the
first year or twelve thousand (12,000) miles.
Due to the Defendant’s failure to fix a nonconformity that arose within the first two (2)
years or eighteen thousand (18,000) of the vehicle’s life within a reasonable amount of
time or number of attempts, along with the defect substantially impairing the value of the
vehicle, Ohio Lemon Law is breached.
The Act also provides for the payment of attomey fees/costs should the Plaintiff prevail.
Id. at ()
WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant,
equal to the purchase price of the vehicle, plus attorney fees/costs, and other such relief as
may be determined to be reasonable.
COUNT MAGAESS A MOSS
COUNT IIH— - MAGNUSON- A WARRANTY
_ EEEIMPROVEME
. NT ACT
The Magnuson-Moss Warranty Improvement Act ensures that a manufacturer adhere to
any warranty issued with a product.
The Act states that if a warranty is present when goods are exchanged, and the product
exhibits a nonconformity, the seller must fix the defect within a reasonable number of
time or attempts, or the consumer may sue for damages.
1 Here, the Plaintiff returned to an authorized dealer no less than three (3) times
and/or the vehicle as out of service for greater than thirty (30) days for the same
defect.
Due to the Defendant's failure to fix this nonconformity within a reasonable
number of time or attempts, the Defendant is in breach of the warranty.
A violation of this Act entitles the Plaintiff to the diminished value of the vehicle
unless special circumstances show proximate damages of a different amount.
4 The Act also provides for the award of reasonable attorney fees/costs.
WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the
amount of the diminished value of the vehicle, plus attorney fees/costs, and other such relief as
may be determined to be reasonable. This amount is not to exceed $50,000.
COUNT II - UNIFORM COMMERCIAL CODE
The Uniform Commercial Code also provides relief for a consumer if a manufacturer
breaches a vehicle’s warranty.
This breach includes a violation of the vehicle’s
a. Express warranty under
b. Implied warranty under
Cc. Implied warranty of fitness for a particular purpose under and
d. Implied warranty of merchantability under
A breach of warranty occurs if the manufacturer fails to fix the defect within a reasonable
amount of time or number of attempts.
4, Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the
vehicle as out of service for greater than thirty (30) days for the same defect.
The measure of damages for breach of warranty under the Ohio UCC is the difference at
the time and place of purchase between the value of the goods accepted and the value
they would have had if they had been as warranted, unless special circumstances show
proximate damages of a different amount.
Due to the Defendant’s failure to fix a warrantable defect within a reasonable amount of
time or number of attempts, the Plaintiff's vehicle has a significant diminished value.
WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the
amount of the diminished value of the vehicle and other such relief as may be determined
reasonable.
COUNT IV — OHIO SALES PRACTICES ACT
The Ohio Consumer Protection Act prohibits certain actions that are deemed unfair or
deceptive.
The Act defines unfair methods of competition and, unfair or deceptive acts or practices,
to include: Failure to comply with the terms of any written guarantee or warranty given
to the buyer at, prior to, or after a contract for the purchase of goods or services is made.
Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the
vehicle as out of service for greater than thirty (30) days for the same defect.
The measure of damages under the Act is the damages sustained due to the warranty
breach. This may include, but is not limited to, the purchase price or diminished value of
the vehicle. Id.
5. The Act also provides for the award of reasonable attorney fees/costs.
WHEREFORE, Plaintiff demands judgement in Ms. favor and against the Defendant in the
amount of the purchase price of the vehicle and other such relief as may be determined
reasonable. Plaintiff also demands attorney fees/costs.
By:
mma C. Robison
Attorney for the Plaintiff
The Robison Law Group
181 Andrien Rd.
Glen Mills, PA 19342
(267) 504-4744
emma@lemonlawcar.com
Preview
ILED mk 2d MOM PLEAS Court The Robison Lemon Law Group, LLC WM APR 1B PM 2: 15 By: Emma C. Robison tte Attorney ID: 99414 CL DE RTS 181 Andrien Rd ALLEG 49, tt Glen Mills, PA 19342 (267) 504-4744 COMMON PLEAS COURT OF THE STATE OF OHIO COUNTY OF ALLEN Holly Cox 516 Honeysuckle Bend Lima, OH45807 CIVIL ACTION Plaintiff, INDEX NO. Vv. COMPLAINT CV 2024 0 1 14 KOHLRIESER General Motors, LLC C/O CSC 1160 Dublin Road, Ste. 400 Columbus, OH 43215 Defendant. COMPLAINT — CIVIL ACTION Plaintiff, Holly Cox, by and through Ms.Cox attorneys, The Robison Law Group, LLC, hereby files this Complaint against the above-named Defendant, and, in support thereof states as follows: THE PARTIES Plaintiff, Holly Cox, at all relevant times, was an adult citizen of the State of Ohio and resides at 516 Honeysuckle Bend, Lima, OH45807. Defendant, General Motors, LLC, maintains their place of business at C/O CSC, 1160 Dublin Road, Ste. 400, Columbus, OH 43215. \8 BACKGROUND This is a civil action arising out of the Plaintiff's purchase/lease of a 2022 GMC Yukon bearing VIN 1GKS2GKD6NR207267. At the time of sale, Plaintiff received a manufacturer’s limited warranty, This warranty states that should a defect arise within the vehicle, it will be fixed by the manufacturer within a reasonable amount of time or attempts. Due to defects that include, but are not limited to, Infotainment System going in and out, and the check engine light illuminating off and on, the Plaintiff has retumed to an authorized dealership no less then three (3) times and/or the vehicle has been out of service thirty (30) or more days. All defects arose within the manufacturer’s limited warranty period. Due to the manufacturer’s failure to fix this defect within a reasonable amount of time, Plaintiff asserts that the manufacturer’s limited warranty is breached. The defect renders the vehicle substantially unsafe and unable to be used by the Plaintiff as intended. The defect also significantly diminishes the value of the vehicle. COUNT I- OHIO LEMON LAW Ohio Lemon Law was enacted to give consumers a remedy if they purchase a vehicle that has a nonconformity that substantially impairs its value. The Act holds that if a defect arises within the first two (2) years or eighteen thousand (18,000) miles of ownership, that cannot be fixed within a reasonable amount of time or number of attempts, along with substantially impairing the vehicle’s value, then the consumer is entitled to have the vehicle repurchased or replaced. It shall be presumed that a vehicle is subject to repair an unreasonable number of times if: a. The vehicle is delivered to the dealership three (3) or more times for the same defect; The vehicle is out of service 30 or more business days during the initial twelve (12) months; The vehicle is subject to repair eight (8) or more times for different problems; or There is one (1) unsuccessful repair attempt to fix a problem that can cause death or serious bodily injury. Here, the Plaintiff returned the vehicle to an authorized dealership for repair no less than three (3) times and/or the vehicle was out of service thirty (30) or more days within the first year or twelve thousand (12,000) miles. Due to the Defendant’s failure to fix a nonconformity that arose within the first two (2) years or eighteen thousand (18,000) of the vehicle’s life within a reasonable amount of time or number of attempts, along with the defect substantially impairing the value of the vehicle, Ohio Lemon Law is breached. The Act also provides for the payment of attorney fees/costs should the Plaintiff prevail. Id. at (1) WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant, equal to the purchase price of the vehicle, plus attorney fees/costs, and other such relief as may be determined to be reasonable. COUNT Il - MAGNUSON-MOSS WARRANTY IMPROVEMENT ACT 14. The Magnuson-Moss Warranty Improvement Act ensures that a manufacturer adhere to any warranty issued with a product. 2. The Act states that if a warranty is present when goods are exchanged, and the product exhibits a nonconformity, the seller must fix the defect within a reasonable number of time or attempts, or the consumer may sue for damages. 4 Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the vehicle as out of service for greater than thirty (30) days for the same defect. Due to the Defendant’s failure to fix this nonconformity within a reasonable number of time or attempts, the Defendant is in breach of the warranty. A violation of this Act entitles the Plaintiff to the diminished value of the vehicle unless special circumstances show proximate damages of a different amount. 4 The Act also provides for the award of reasonable attorney fees/costs. WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the amount of the diminished value of the vehicle, plus attorney fees/costs, and other such relief as may be determined to be reasonable. This amount is not to exceed $50,000. COUNT II — UNIFORM COMMERCIAL CODE The Uniform Commercial Code also provides relief for a consumer if a manufacturer breaches a vehicle’s warranty. This breach includes a violation of the vehicle’s a Express warranty under b. Implied warranty under C. Implied warranty of fitness for a particular purpose under and d. Implied warranty of merchantability under A breach of warranty occurs if the manufacturer fails to fix the defect within a reasonable amount of time or number of attempts. Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the vehicle as out of service for greater than thirty (30) days for the same defect. The measure of damages for breach of warranty under the Ohio UCC is the difference at the time and place of purchase between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount. Due to the Defendant’s failure to fix a warrantable defect within a reasonable amount of time or number of attempts, the Plaintiff's vehicle has a significant diminished value. WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the amount of the diminished value of the vehicle and other such relief as may be determined reasonable, COUNT IV — OHIO SALES PRACTICES ACT The Ohio Consumer Protection Act prohibits certain actions that are deemed unfair or deceptive. The Act defines unfair methods of competition and, unfair or deceptive acts or practices, to include: Failure to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made. Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the vehicle as out of service for greater than thirty (30) days for the same defect. The measure of damages under the Act is the damages sustained due to the warranty breach. This may include, but is not limited to, the purchase price or diminished value of the vehicle. Id. §. The Act also provides for the award of reasonable attorney fees/costs. WHEREFORE, Plaintiff demands judgement in Ms. favor and against the Defendant in the amount of the purchase price of the vehicle and other such relief as may be determined reasonable. Plaintiff also demands attorney fees/costs. By: mma C, Robison Attorney for the Plaintiff The Robison Law Group 181 Andrien Rd. Glen Mills, PA 19342 (267) 504-4744 emma@lemonlawear.com COMMON mre CGURT The Robison Lemon Law Group, LLC TM APR IB PH 2: 15 By: Emma C. Robison. Mee Bit Lag uf Attomey ID: 99414 COURTS 181 Andrien Rd Alte “iY OW Glen Mills, PA 19342 (267) 504-4744 COMMON PLEAS COURT OF THE STATE OF OHIO COUNTY OF ALLEN Holly Cox 516 Honeysuckle Bend Lima, OH45807 CIVIL ACTION Plaintiff, INDEX NO. v, comeranr CV2024 0114 KOHLRIESER General Motors, LLC C/O CSC 1160 Dublin Road, Ste. 400 Columbus, OH 43215 Defendant. COMPLAINT — CIVIL ACTION Plaintiff, Holly Cox, by and through Ms.Cox attorneys, The Robison Law Group, LLC, hereby files this Complaint against the above-named Defendant, and, in support thereof states as follows: THE PARTIES Plaintiff, Holly Cox, at all relevant times, was an adult citizen of the State of Ohio and resides at 516 Honeysuckle Bend, Lima, OH45807. Defendant, General Motors, LLC, maintains their place of business at C/O CSC, 1160 Dublin Road, Ste. 400, Columbus, OH 43215. \8 BACKGROUND This is a civil action arising out of the Plaintiff's purchase/lease of a 2022 GMC Yukon bearing VIN 1GKS2GKD6NR207267. At the time of sale, Plaintiff received a manvfacturer’s limited warranty. This warranty states that should a defect arise within the vehicle, it will be fixed by the manufacturer within a reasonable amount of time or attempts. Due to defects that include, but are not limited to, Infotainment System going in and out, and the check engine light illuminating off and on, the Plaintiff has returned to an authorized dealership no less then three (3) times and/or the vehicle has been out of service thirty (30) or more days. All defects arose within the manufacturer’s limited warranty period. Due to the manufacturer’s failure to fix this defect within a reasonable amount of time, Plaintiff asserts that the manufacturer’s limited warranty is breached. The defect renders the vehicle substantially unsafe and unable to be used by the Plaintiff as intended. The defect also significantly diminishes the value of the vehicle. COUNT I- OHIO LEMON LAW. Ohio Lemon Law was enacted to give consumers a remedy if they purchase a vehicle that has a nonconformity that substantially impairs its value. The Act holds that if a defect arises within the first two (2) years or eighteen thousand (18,000) miles of ownership, that cannot be fixed within a reasonable amount of time or number of attempts, along with substantially impairing the vehicle’s value, then the consumer is entitled to have the vehicle repurchased or replaced. It shall be presumed that a vehicle is subject to repair an unreasonable number of times ift a. The vehicle is delivered to the dealership three (3) or more times for the same defect; The vehicle is out of service 30 or more business days during the initial twelve (12) months; The vehicle is subject to repair eight (8) or more times for different problems; or There is one (1) unsuccessful repair attempt to fix a problem that can cause death or serious bodily injury. Here, the Plaintiff returned the vehicle to an authorized dealership for repair no less than three (3) times and/or the vehicle was out of service thirty (30) or more days within the first year or twelve thousand (12,000) miles. Due to the Defendant’s failure to fix a nonconformity that arose within the first two (2) years or eighteen thousand (18,000) of the vehicle’s life within a reasonable amount of time or number of attempts, along with the defect substantially impairing the value of the vehicle, Ohio Lemon Law is breached. The Act also provides for the payment of attomey fees/costs should the Plaintiff prevail. Id. at () WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant, equal to the purchase price of the vehicle, plus attorney fees/costs, and other such relief as may be determined to be reasonable. COUNT MAGAESS A MOSS COUNT IIH— - MAGNUSON- A WARRANTY _ EEEIMPROVEME . NT ACT The Magnuson-Moss Warranty Improvement Act ensures that a manufacturer adhere to any warranty issued with a product. The Act states that if a warranty is present when goods are exchanged, and the product exhibits a nonconformity, the seller must fix the defect within a reasonable number of time or attempts, or the consumer may sue for damages. 1 Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the vehicle as out of service for greater than thirty (30) days for the same defect. Due to the Defendant's failure to fix this nonconformity within a reasonable number of time or attempts, the Defendant is in breach of the warranty. A violation of this Act entitles the Plaintiff to the diminished value of the vehicle unless special circumstances show proximate damages of a different amount. 4 The Act also provides for the award of reasonable attorney fees/costs. WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the amount of the diminished value of the vehicle, plus attorney fees/costs, and other such relief as may be determined to be reasonable. This amount is not to exceed $50,000. COUNT II - UNIFORM COMMERCIAL CODE The Uniform Commercial Code also provides relief for a consumer if a manufacturer breaches a vehicle’s warranty. This breach includes a violation of the vehicle’s a. Express warranty under b. Implied warranty under Cc. Implied warranty of fitness for a particular purpose under and d. Implied warranty of merchantability under A breach of warranty occurs if the manufacturer fails to fix the defect within a reasonable amount of time or number of attempts. 4, Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the vehicle as out of service for greater than thirty (30) days for the same defect. The measure of damages for breach of warranty under the Ohio UCC is the difference at the time and place of purchase between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount. Due to the Defendant’s failure to fix a warrantable defect within a reasonable amount of time or number of attempts, the Plaintiff's vehicle has a significant diminished value. WHEREFORE, Plaintiff demands judgment in Ms. favor and against the Defendant in the amount of the diminished value of the vehicle and other such relief as may be determined reasonable. COUNT IV — OHIO SALES PRACTICES ACT The Ohio Consumer Protection Act prohibits certain actions that are deemed unfair or deceptive. The Act defines unfair methods of competition and, unfair or deceptive acts or practices, to include: Failure to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made. Here, the Plaintiff returned to an authorized dealer no less than three (3) times and/or the vehicle as out of service for greater than thirty (30) days for the same defect. The measure of damages under the Act is the damages sustained due to the warranty breach. This may include, but is not limited to, the purchase price or diminished value of the vehicle. Id. 5. The Act also provides for the award of reasonable attorney fees/costs. WHEREFORE, Plaintiff demands judgement in Ms. favor and against the Defendant in the amount of the purchase price of the vehicle and other such relief as may be determined reasonable. Plaintiff also demands attorney fees/costs. By: mma C. Robison Attorney for the Plaintiff The Robison Law Group 181 Andrien Rd. Glen Mills, PA 19342 (267) 504-4744 emma@lemonlawcar.com