Case: Route 88 Autobody, Inc. v. Metropolitan Truck Sales, Inc., et al.
Counsel: Andrew Small
Result: Defense Verdict – 8/11/2021
Plaintiff alleged fraud and misrepresentation in violation of the NJ Consumer Fraud Act (“CFA”) in purchasing a used, diesel tow truck from our clients, the vehicle dealer and salesman. The total cost, including associated warranty, was $40,000. Plaintiff also alleged $10,000 in repair bills not covered by the warranty, and consequential damages in the amount of $27,000. Violations of the CFA, if successful, include an award of treble damages and attorney’s fees.
MSD asserted that the plaintiff was a sophisticated buyer who failed to prove any fraud or misrepresentation in the purchase of the truck; that the repair bills were speculative because plaintiff lacked an expert in diesel mechanics to interpret them; and that the alleged consequential damages were actually not damages, but expenses related to the cost of doing business and not lost profit.
After a complete virtual trial, the jury of 7 returned a defense verdict.