Alexander Migl, CC BY-SA 4.0, via Wikimedia Commons
The victories keep on coming! After just winning in the appellate court 12 days ago, our Florida division had another great victory today. Led by Jeremy Kespohl and Natalia Singh, our team defeated multiple motions filed by BMW, which aimed to set aside the jury’s verdict from Jeremy’s trial victory in November.
For those of you who don’t remember the details, our client, a Palm Beach County resident, purchased a 2017 BMW M4 for over $60,000. Within hours of our client’s purchase, the vehicle began to leak water, a defect that recurred throughout his ownership of the vehicle. To address the issue, our client provided BMW’s dealers with multiple repair attempts, none of which were successful.
After the failed repair attempts, our client sent written notice of his claims directly to BMW’s corporate office. Upon receipt, BMW directed our client to a repair center for one final opportunity to repair the M4. When the vehicle could not be repaired, we filed suit on our client’s behalf against BMW on August 27, 2019, for breaching our client’s written warranty pursuant to the Magnuson-Moss Warranty Act.
Jeremy Kespohl tried the case before a Palm Beach County jury in November, proving that BMW breached its warranty. Jeremy obtained a jury verdict for our client in the amount of $24,300. BMW then filed multiple motions attempting to set aside the jury’s verdict, including a motion for judgment notwithstanding the verdict, another for a new trial, and yet another motion to reduce the amount of the verdict.
Natalia Singh took on the task of responding in writing to BMW’s “all but the kitchen sink motion” and drafted an excellent 67-page response. Jeremy then argued the motion on June 23.
On August 10, 2022, we received the judge’s order denying each of BMW’s motions and preserving the judgment for our client, which, by the way, has been earning interest at a rate of 4.25 percent (already $707 in interest). The judge’s order adopted every argument that Jeremy and Natalia made.
Great job, Jeremy and Natalia, on taking down Goliath!
