"OBNOXIOUS ODOR" A Lemon Makes


PHOTO
Cartoon Courtesy snopes.com

SEE ALSO:Sienfeld Script "The Smelly Car"
SEE ALSO:"Vroom with a Phew"

A jury, in Orange County, California, has determined that a "smelly" 2001 Bentley Arnage is a "lemon" under California's consumer protection statutes. The verdict, which was delivered on Tuesday, October 10, 2006, obligates Bentley to repurchase the car for over $210,000 and to pay additional damages of $100,000 for breach of warranty. Bentley will also be required to reimburse the plaintiff for his attorney's fees and costs.

Bentley's internal documents showed that every Arnage, from 1999 to 2002, had an "obnoxious odor" problem. The problem resulted from a "wax oil" substance which was applied to the cars as a rust inhibitor. The jury was instructed, by the Judge, that Bentley knew of the odor problem but failed to disclose that problem to the plaintiff when he purchased the car.

Bentley had even created a factory kit which was intended to minimize the obnoxious odor, but it was only installed on Bentley automobiles when the customer made repeated complaints. And even that kit was eventually withdrawn because it was ineffective, according to Colin Ham, a former field representative for Bentley, who testified at the trial.

An interesting factor was Bentley's continuing refusal, even at the time of trial, to produce documents regarding the odor problem. Both the trial judge, and a retired Justice of the California Court of Appeals to whom certain procedural matters had been referred, determined that Bentley had repeatedly failed to comply with specific court orders requiring the production of relevant evidence.

FOR FURTHER INFORMATION:  

Steven Brower, Attorney 

Phone: (714) 549-5150

Email: sbrower@sortm.com
  
Steven Brower
Attorney at Law

Stephan, Oringher, Richman, Theodora & Miller, P.C.
535 Anton Boulevard., Ninth Floor
Costa Mesa, CA 92626-1902
Direct: 714.549.5150 Main: 714.549.6200


Home | Buyers Guides By Make | New Car Buyers Guide | Used Car Super Search | Total New Car Costs | New Car and Truck Reviews
Automotive News | TACH-TV | Media Library | Discount Auto Parts

Copyright © 1996-2014 The Auto Channel. Contact Information, Credits, and Terms of Use. These following titles and media identification are Trademarks owned by The Auto Channel, LLC and have been in continuous use since 1987 : The Auto Channel, Auto Channel and TACH all have been in continuous use world wide since 1987, in Print, TV, Radio, Home Video, Newsletters, On-line, and other interactive media; all rights are reserved and infringement will be acted upon with force.

Privacy Statement | Size Does Matter | Media Kit | Affiliates

Send your questions, comments, and suggestions to Editor-in-Chief@theautochannel.com.

Submit Company releases or Product News stories to submit@theautochannel.com.
Place copy in body of email, NO attachments please.

To report errors and other problems with this page, please use this form.

Link to this page: http://www.theautochannel.com/

*