SMSM Partner Obtains Defense Verdict in Breach of Warranty, Fraud and Statutory Rescission Claims Case

News

June 15, 2005

Segal McCambridge Singer & Mahoney partner, Paul Wojcicki, obtained a defense verdict in an action involving breach of warranty, fraud and statutory rescission claims. Plaintiffs sued motor home manufacturer, selling dealer and finance company after plaintiffs allowed their motor home to be repossessed after 1 year and 11 repair visits, claiming that the coach leaned and was dangerous to operate.

Shortly before trial, an agreement was reached between the defendants, which left motor home manufacturer responsible for any relief awarded. After trial, the jury returned a defense verdict on all counts (breach of warranty, fraud and statutory rescission) for all defendants and found in favor of the lending company on its claim for the balance due on the loan and attorney's fees under the loan contract, awarding $75,000. Mr. Wojcicki represented all three defendants in this matter.