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Jury Finds 2011 Hyundai Sonata to Be Unmerchantable

Published on February 27th, 2018

CORYDON, IN--(Marketwired – Mar 25, 2014) – On March 17, 2014 after a 4 day jury trial, a verdict was delivered in favor of Charlestown, Indiana resident, Lee Fenn, against Hyundai Motor America, Inc. in a federal and state “lemon law” action brought in the Circuit Court of Harrison County, Indiana. Mr. Fenn purchased a brand new 2011 Hyundai Sonata from Bales Motor Company on November 13, 2010 for $24,359. From day one, the Sonata was rife with defects, including a pulling to the left condition, failing to start, and jerking while driving. Hyundai vigorously defended the case for over 3 years forcing Mr. Fenn to continue to drive the defective vehicle while waiting for his day in court, since he could not afford to park the Sonata and purchase another vehicle, and because Hyundai would not settle his claims. During this time, the vehicle had to be towed back to the Hyundai dealership at least twice for failing to start. One of the repairs made to Mr. Fenn’s vehicle led to a federally mandated safety recall to the stop lamp switch, which was causing failures in the brake lights, cruise control, and push button starter in other Sonatas. Ultimately, the jury found in favor of Mr. Fenn and awarded him $8,000 in diminished value damages, finding that Hyundai breached the implied warranty of merchantability in that his vehicle was not of the level of quality that you would expect from another like it. Additionally, federal law will now allow Mr. Fenn to seek payment for the attorneys’ fees and costs his lawyers incurred litigating this case. John Barker, Mr. Fenn’s trial counsel, commented on the jury’s verdict, “Mr. Fenn should never have spent so much money for a vehicle that was repeatedly in the shop for repair. The jury’s verdict sends a message to car manufacturers that they should stand behind their products and not force cases like this to trial.” Mr. Barker can be reached by calling Krohn & Moss, Ltd. Consumer Law Center® at (312) 578-9428, extension 252 or e-mail via [email protected].

The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys, Adam J. Krohn and Gregory H. Moss, providing legal representation to consumers with defective vehicles and products, and assistance to those consumers victimized by fraud and violations of the Fair Debt Collection Practices Act. The firm can be found at or by calling the firm toll free at 888 MY-LEMON (888-695-3666).


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