Defense Verdict for Baker Sterchi Client in Consumer Protection Act, Lemon Law and Magnuson-Moss Case
After a four-day trial in state court, Wichita, Kansas, a Sedgwick County jury unanimously returned a defense verdict on all issues in favor of Baker Sterchi’s client. Plaintiffs had made claims under the Kansas Lemon Law, Kansas Consumer Protection Act, the Uniform Commercial code and the Magnuson-Moss Act. Plaintiffs sought significant penalties under the Kansas Consumer Protection Act related to the claimed non-conformance of the written warranty with Kansas law. Plaintiffs alleged that a penalty of $10,000.00 was necessary for each such alleged violation. Plaintiffs’ underlying claim was that a three-wheeled motorcycle which was out of service for 45 consecutive days was non-conforming under the Uniform Commercial Code and properly rejected with a “cover” vehicle being purchased as a substitute for which Baker Sterchi’s client was responsible. Plaintiffs sought to stack violations and remedies under the Kansas Consumer Protection Act, the Lemon Law and Magnuson-Moss Act and also claimed substantial attorney’s fees in addition to the claimed statutory penalties. The plaintiffs’ primary purpose in pursuing this action was to obtain many multiple penalty awards based on the number of sales of the product in the State of Kansas.
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