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Mark D. Roget and Lori L. Roget v. Grand Pontiac, Inc.

Date: 10-28-1999

Case Number: 91CV114 ; 97CA2224

Judge: Donald w. Marshall, Jr.

Court: District Court, Adams County, Colorado

Plaintiff's Attorney: Douglas Pooley, Denver, Colorado

Defendant's Attorney: Richard P. Ruh of Ruh & Associates, L.L.C., Aurora, Colorado

Description:
Consumer Protection Act - Breach of Contract - Automobile Lease - Motor Vehicle Licensing Laws - In January 1990, the Rogets entered into an auto lease with
Grand Pontiac. Shortly thereafter, Grand Pontiac assigned the
lease to General Electric Capital Auto Lease (GECAL). In January
1991, GECAL filed a complaint against the Rogets alleging that
they were in default for failure to make monthly lease payments.
The Rogets filed a counterclaim and a third-party complaint
against Grand Pontiac, alleging several contract and tort claims,
and also claims based on alleged statutory violations. Prior to
trial, the Rogets and GECAL settled their claims, which were
dismissed with prejudice.

Outcome:
Following a trial in April 1992, the Rogets were awarded
damages against Grand Pontiac on some of their claims. When the
jury returned the verdict forms, however, confusion ensued
regarding the correct calculation of damages. After several
unsuccessful attempts to resolve the matter in the trial court, a
division of this court reversed the judgment in Roget v. Grand
Pontiac, Inc. (Colo. App. No. 94CA0706, Nov. 24, 1995) (not
selected for official publication), and the matter proceeded to
trial a second time.



On retrial, the jury returned a verdict in favor of the
Rogets on their claims for violations of the state consumer
protection act and motor vehicle licensing laws, and on their
claim of outrageous conduct.

Plaintiff's Experts:
Unknown
Defendant's Experts:
Unknown
Comments:
Affirmed in part, reversed in part and remanded with directions by the Court of Appeals of Colorado. See: ___ P.2d ___ (Colo. App. October 28, 1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.



About This Case

What was the outcome of Mark D. Roget and Lori L. Roget v. Grand Pontiac, Inc.?

The outcome was: Following a trial in April 1992, the Rogets were awarded damages against Grand Pontiac on some of their claims. When the jury returned the verdict forms, however, confusion ensued regarding the correct calculation of damages. After several unsuccessful attempts to resolve the matter in the trial court, a division of this court reversed the judgment in Roget v. Grand Pontiac, Inc. (Colo. App. No. 94CA0706, Nov. 24, 1995) (not selected for official publication), and the matter proceeded to trial a second time. On retrial, the jury returned a verdict in favor of the Rogets on their claims for violations of the state consumer protection act and motor vehicle licensing laws, and on their claim of outrageous conduct.

Which court heard Mark D. Roget and Lori L. Roget v. Grand Pontiac, Inc.?

This case was heard in District Court, Adams County, Colorado, CO. The presiding judge was Donald w. Marshall, Jr..

Who were the attorneys in Mark D. Roget and Lori L. Roget v. Grand Pontiac, Inc.?

Plaintiff's attorney: Douglas Pooley, Denver, Colorado. Defendant's attorney: Richard P. Ruh of Ruh & Associates, L.L.C., Aurora, Colorado.

When was Mark D. Roget and Lori L. Roget v. Grand Pontiac, Inc. decided?

This case was decided on October 28, 1999.