Date: 10-29-2009

Case Style: Brian Pennell v. Jackie Cooper Imports, LLC

Case Number: CJ-2007-8096

Judge: Daniel L. Owens

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Luke Wallace and David Humphreys, Humphreys, Wallace & Humphreys, Tulsa, Oklahoma

Defendant's Attorney: Thomas G. Wolfe and Juston R. Givens, Phillips Murrah P.C., Oklahoma City, Oklahoma

Description: Brian Pennell purchased a 2000 BMW 740i in July 2006 from Jackie Cooper Imports, LLC. Before agreeing to purchase the vehicle, Pennell asked the Jackie Cooper Imports “client advisor” if the vehicle had ever been damaged in a collision and was informed that it had not been. Pennell was provided a CARFAX and a BMW “Vehicle History Report” by the dealership both of which showed the vehicle to be accident free. Following a visit to the dealership for maintenance months after the sale, Pennell learned by chance that the vehicle had been previously wrecked by a salesman at the dealership. Following additional investigation it was discovered that the Jackie Cooper salesman caused over $13,000 worth of damage requiring repairs; some of the repair work had been performed at the Jackie Cooper dealership, some of the work was done by a non BMW certified repair shop and some of the repair work was not completed at the time the dealership accepted the wrecked vehicle as a trade in.

Jackie Cooper Imports denied any wrongdoing, relying on the fact that the customer took the vehicle on three test drives and that he knew and understood the Vehicle was used and was being sold AS-IS, as evidenced by his signature on the Buyer's Guide. Prior to purchasing the Vehicle, Plaintiff was provided an opportunity to have it inspected by his own mechanic, either at Defendant's dealership or off-site. Plaintiff chose not to have the Vehicle inspected. Jackie Cooper Imports asserted that the customer was contributorily negligent, barring the recovery of any damages and denied that it misrepresented the vehicle condition.

Outcome: Jury verdict for plaintiff for $332,800.00; $5,300 representing diminution in value, $275,000 for fraud representing emotional upset and distress and an additional sum of $52,500 in punitive damages. The jury found by clear and convincing evidence that Jackie Cooper Imports engaged in fraud and acted intentionally or with malice. Shortly after the jury returned its verdict, it was discovered that there had been juror misconduct. Defense counsel, on behalf of Jackie Cooper Imports, filed various post-trial motions, including a Motion to Vacate the verdict based on the misconduct of certain jurors. A hearing was held on Jackie Cooper Import’s Motion to Vacate, and Judge Owens found juror misconduct had, in fact, occurred. As such, the jury verdict was VACATED and the case was set for a new trial. The case was later settled.

Plaintiff's Experts: Richard Dicklich, Liberty, MO; diminution in value, vehicle repair standards and obviousness of prior wreck damage and repairs.

Defendant's Experts:

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