Date: 06-13-2014

Case Style: Joseph Trotter and Tammy Trotter v. American Honda Motor Co., Inc.

Case Number: CJ-2013-4649

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Vic Wandres

Defendant's Attorney: Margaret Clark and Kelly Comarda

Description: Joseph Trotter and Tammy Trotter v. American Honda Motor Co., Inc.

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: TROTTER, JOSEPH
Filed Date: 10/07/2013
Party Name: Disposition Information:

Defendant: AMERICAN HONDA MOTOR CO INC
Disposed: DISMISSED - WITH PREJUDICE, 06/13/2014. Dismissed- Settled.

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: TROTTER, TAMMY
Filed Date: 10/07/2013
Party Name: Disposition Information:

Defendant: AMERICAN HONDA MOTOR CO INC
Disposed: DISMISSED - WITH PREJUDICE, 06/13/2014. Dismissed- Settled.

1. Joe Trotter and Tammy Trotter (“Plaintiffs”) are individuals who were at all times relevant hereto residing in the State of Oklahoma.
2. Defendant, American Honda Motor Co., Inc. (“Manufacture?’), is a foreign corporation authorized to do business in the State of Oklahoma, and is engaged in the
manufacture, sale, andlor distribution of motor vehicles and related equipment and services.
Manufacturer is also in the business of marketing, supplying and selling written warranties to the
public at large through a system of authorized dealerships, including Don Carlton Honda
(“Seller”). Manufacturer does business in all counties of the State of Oklahoma including Tulsa Th:
County, and maintains offices in the County of Tulsa, State of Oklahoma.
3. On or about November 13, 2007, Plaintiffs purchased from Seller a 2007 Honda Odyssey (“Odyssey”), manufactured by Manufacturer, Vehicle Identification No. 5FNRL38617B458909, for valuable consideration, (See copy of retail installment contract, attached hereto as Exhibit “A”).
4. The purchase price of the Odyssey, including registration charges, document fees, sales tax and bank and fmance charges, totaled $33,375.00.
5. Plaintiffs aver that as a result of the ineffective repair attempts made by Manufacturer, through its authorized dealership network, the Odyssey was not fit for its ordinary purpose of providing trouble free and reliable transportation.
6. In consideration for the purchase of the Odyssey, Manufacturer issued and supplied to Plaintiffs its written warranty which included three (3) year or thirty six thousand (36,000) mile bumper to bumper coverage, a five (5) year powertrain warranty, and other warranties fully outlined in Manufacturer’s 2007 Warranty Booklet.
7. On or about November 13, 2007, Plaintiffs took possession of the Odyssey and shortly thereafter experienced the defects listed below.
8. The defects described below violate Manufacturer’s warranty issued to Plaintiffs as well as the implied warranty of merchantability.
9. Plaintiffs delivered the Odyssey to Manufacturer, through its authorized dealership network for repair services, on numerous occasions.
10. Plaintiffs aver that the Odyssey has been subject to repair on multiple occasions for the same defects and that the defects remain uncorrected.
11. Plaintiffs brought the Odyssey to Seller and/or an authorized service dealer of Manufacturer for the following defects:
a. defective power steering; b. defective brakes;
c. defective Intake Manifold Runner Control Valve;
d. defective engine valves;
e. defective sliding door;
f. defective axles and axle seals, as evidenced by numerous repairs and replacements;
g. defective transmission as evidenced, by repairs and the vehicle having a major power loss at high speed while driving on the interstate, necessitating a tow in February 2013; and
h. any additional complaints made by Plaintiffs, whether or not contained on any authorized dealer repair orders.
12. Plaintiffs provided Manufacturer, through its authorized dealership network, sufficient opportunities to repair the Odyssey.
13. After a reasonable number of attempts and/or reasonable amount of time to cure the defects in Plaintiffs’ Odyssey, Manufacturer was unable and/or failed to repair the defects as provided in Manufacturer’s warranty thus causing Manufacturer’s limited remedy to repair the Odyssey to fail of its essentiai purpose.
14. Plaintiffs justifiably lost confidence in the Odyssey’s safety and reliability.
15. Said defects could not have reasonably been discovered by Plaintiffs prior to Plaintiffs’ acceptance of the Odyssey.
16. As a result of the defects, Plaintiffs provided written notice to Manufacturer.
17. The Odyssey remains in a defective and unmerehantable condition and continues to exhibit the above-mentioned defects.
18. Plaintiffs have been and will continue to be financialJy damaged due to Manufacturer’s failure to comply with the provisions of its written warranty and its failure to provide Plaintiffs with a merchantable Odyssey.
COUNT I
BREACH OF WRITTEN WARRANTY
PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT
MANUFACTURER
19, Plaintiffs re-allege and incorporate by reference as though filly set forth herein, Paragraphs 1-18 of their Petition.
20. Plaintiffs are each a purchaser of a consumer product who received the Odyssey during the duration of a written warranty period applicable to the Odyssey and who is entitled by the terms of the written warranty to enforce against Manufacturer the obligations of said warranty.
21. Manufacturer is a supplier of a consumer product engaged in the business of making a consumer product directly and/or indirectly available to Plaintiffs.
22. Seller is an authorized dealership/agent of Manufacturer designated to perform repairs on vehicles under Manufacturer’s written warranty.
23. The Magnuson-Moss Warranty Act, Chapter 15 U.S.C.A., Section 2301, et. seq. (“Warranty Act”) is applicable to Plaintiffs’ Petition in that the Odyssey was manufactured, sold and purchased after July 4, 1975, and costs in excess often dollars ($10.00).
24. Plaintiffs’ purchase of the Odyssey was accompanied by a written factory warranty for any defects in material or workmanship, comprising an undertaking in writing in
connection with the purchase of the Odyssey to repair or replace defective parts, or take other remedial action free of charge to Plaintiffs with respect to the Odyssey in the event that the Odyssey failed to meet the specifications set forth in Manufacturer’s warranty.
25. Manufacturer’s warranty was the basis of the bargain of the contract between Plaintiffs and Manufacturer for the sale of the Odyssey to Plaintiffs.
26. Said purchase of Plaintiffs’ Odyssey was induced by, and Plaintiffs relied upon Manufacturer’s written warranty.
27. Plaintiffs have met all of their obligations and preconditions as provided in Manufacturer’s written warranty.
28. As a direct and proximate result of Manufacturer’s failure to comply with its written warranty, Plaintiffs have suffered damages and, in accordance with 15 U.s.c. §2310(d)(l), Plaintiffs are entitled to bring suit for such damages and other legal and equitable relief.
29. Plaintiffs aver that upon successfully prevailing upon the Magnuson-Moss
Warranty Act claim herein, all attorneys’ fees are recoverable and are demanded against
Manufacturer.

Outcome: 06-13-2014 DISPCVDMWP 1 AMERICAN HONDA MOTOR CO INC 90363720 Jun 13 2014 3:56:49:673PM - $ 0.00
DISMISSAL WITH PREJUDICE

Plaintiff's Experts:

Defendant's Experts:

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