SMSM Attorneys Obtain Favorable Verdict in Breach of Written Warranty and Implied Warranty Case


June 15, 2005

Segal McCambridge Singer & Mahoney attorneys, Paul Wojcicki and Holly Stevens, obtained a favorable verdict in a case alleging breach of written warranty and the implied warranty of merchantability brought under the Magnuson-Moss Act. Plaintiffs sought damages of $4,000 for "diminished value," $7,700 to pay off the car loan, and $3,500 for aggravation and inconvenience. Jury found for auto manufacturer on the written warranty claim. Jury found for plaintiffs on the implied warranty cliam but awarded $0 for diminished value, $0 for the deficiency and $2,000 for aggravation and inconvenience. Illinois case law holds that aggravation and inconvenience are not compensable absent other items of damages. Post-judgment motions pending.