Lemon law Verdict for Howard Gutman Kia Repurchase

Description of Case:  The consumer experienced problems with stalling and the manufacturer disputed the claim arguing that a problem had not been shown.  After a trial, the consumer won and a full repurchase was ordered.

STATE OF NEW JERSEY
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. CMA07702-00
DARWIN and MARIA BARTE,
Petitioner,
v.
KIA MOTORS OF AMERICA, INC.,
Respondent.
___________________________________
Howard Gutman, Esq., for petitioners
Brian McLvaine, Esq., for respondent
(Cabaniss, Conroy & McDonald, LLP)
Record Closed: December 17, 2000 Decided: December 26, 2000
BEFORE R. JACKSON DWYER, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

Petitioners, Darwin and Marie Barte, on February 6, 1999 accepted delivery of a purchased 1998  Kia Sportage, veRespondent, Kia Motors of America, Inc., seeks to dismiss petitioners’ complaint based on its affirmative defense that petitioners’ vehicle does not stall when it comes to a stop or if it does the complaint does not rise to the level of a substantial nonconformity.

This matter was transmitted to the Office of Administrative Law (OAL) from the Division of Consumer Affairs on August 29, 2000 for hearing pursuant to the Lemon Law, N.J.S.A. 56:13-39 to -49. A hearing was held on December 6, 2000, at the Office of Administrative Law, 185 Washington Street, Newark, New Jersey. The administrative law judge (ALJ) closed the record on December 17, 2000 after he received counsel’s affidavit of services.

It was stipulated that James Cookingham is an expert in automobile repair and diagnosis. Cookingham  testified that he inspected petitioners’ 1998 Kia Sportage on September 27, 2000 at petitioners’ home in Jersey City.    After Cookingham checked the vehicle’s statistics, he noticed that the malfunction indicator-check engine light remained on. Cookingham heard a knocking noise coming from the motor lasting about five minutes.
Cookingham used his snap on diagnostic hand scanner to retrieve codes that were logged in the vehicle’s computer. Cookingham stated that, if a check engine light is on, it means there is a parameter or parameters detected by the on board diagnostic system that has gone outside (its) design limits.

Cookingham opined that if a check engine light remains on, it will affect the vehicle’s value because it indicates to a purchaser that a repair is needed.  A code from a check engine light gives a mechanic only a clue what is wrong with the vehicle.  Cookingham stated that his snap on diagnostic tool is designed to abstract on board codes, and he retrieved code P0101 which indicated that the fuel system was getting too much or too little air. That problem could cause petitioners’ vehicle to stall. Moreover, the on board freeze frame turned on at 1394
rpms at a speed of 22 miles, a coolant temperature of 194 degrees Fahrenheit and an engine load percentage of 4.7.   Cookingham stated that petitioners’ complaint was consistent with his finding that the check engine light was on and with the code that his snap on tool retrieved when he inspected the vehicle.

Analysis and Conclusions of Law 

N.J.S.A. 56:12-31 obligates manufacturers and dealers to make all necessary repairs if a consumer reports a nonconformity to the manufacturer or its dealer during the first 18,000 miles of operation or during the period of two years following the date of original delivery[.]. The statute defines nonconformity to mean a defect or condition which substantially impairs the use, value or safety of a motor vehicle. N.J.S.A. 56:12-
30. In a commercial context, substantial impairment of the value of an automobile is broadly construed to apply to a nonconformity which shakes the buyer’s confidence in the goods. GMAC v. Jankowitz, 216 N.J. Super. 313, 339 (App. Div. 1987). Once the purchasers’ faith has been shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension. Zabriskie Chevrolet, at 458.

I CONCLUDE that the stalling and loss of power is a nonconformity which substantially impairs the use, safety or value of petitioners’ vehicle. It is obvious that a vehicle which stalls suddenly, either coming to a stop or in the middle of traffic, poses a threat to the safety of its occupants as well as other drivers on the highway.

It is ORDERED that Kia Motors of America, Inc. reimburse petitioners in the total amount the parties stipulated in the Lemon Law refund computation (J-2), namely $27,093.95.
It is FURTHER ORDERED that petitioners’ counsel be awarded a fee of $2,793.00 for 15.1 hours of work work at the rate of $185 per hour.

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Chevrolet Shudder Service Bulletin 16-NA-175

16-NA-175: Shake and/or Shudder During Light Throttle Acceleration Between 25 and 80 MPH (40 and 128 KM/H) at a Steady State – (Oct 11, 2018)

Some customers may comment on any of the following conditions:

A shake and/or shudder during light throttle acceleration between 25 and 80 mph (40 and 128 km/h) steady state driving when transmission is not actively shifting gears. A shudder feeling that may be described as driving over rumble strips or rough pavement. Shudder feeling is evident in both Drive and M7 MY15-16 & L7 MY17, MY18 and MY19 mode.

Important: Do NOT replace the torque converter or transmission assembly for this condition. Engineer reviews have proven that replacing the torque converter does not provide a long-term solution to TCC shudder. A revised service procedure will be released in Q1 of 2019. If the vehicle experiences a repeat shudder condition, this document should be followed again. All part replacement claims will be subject to engineering analysis. Any part(s) determined not to be defective will be subject to a possible claim debit.

Claims for Chevrolet Shudder Vibration

Comments

Chevrolet Colorado owners have experienced significant problems with shudder and hesitation and here are some typical complaints,

“my truck has started randomly doing a quick vibration (fast paced vibration like driving over rumble strips on highway) that typically lasts a second or less.  Sometimes it will do it multiple times over a perioid of several seconds, other times its just a quick vibration.  Its a pretty significant vibration, I really can feel it in the steering wheel and the entire column shakes.   Seems like all interior pieces vibrate as well.”

Source: Chevrolet Colorado Problem Forum

 

Owners may be entitled to compensation or new vehicles

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I have a new Colorado that still has not been fixed. Can you help.If you experienced this problem and the vehicle has been subject to repair, you may be entitled to compensation, a refund, or a new vehicle.  Call our experienced attorney, no payment needed.

See also:
Chevrolet Colorado Vibration
Lemon law questions and answers 

 

Land Rover Freelander Engine Problems

Land Rover owners have reported repeated engine problems.

Head Gasket Problems, Overheating, and Engine Failure  

Many head gasket failures have been reported on the Freelander engine on the vehicle and it has been determined that this has been commonly caused by a condition where a cylinder sleeve  has “dropped” in the engine block (meaning that the top of the sleeve has moved below flush with the head gasket surface of the block).  The condition occurred often enough that Land Rover issued a bulletin (Technical Bulletin #0036, dated June 16, 2004) for it’s dealership technicians to provide a process for inspection and evaluation when a vehicle came in for repair.

This bulletin also addresses an overheat condition diagnosis and repair, and engine overheating often accompanies head gasket failure. The head gasket would have failed primarily because the tension of the crushed compression seal ring would be compromised as the sleeve moved lower into the block and away from the cylinder head, ultimately allowing coolant intrusion into the combustion chamber and combustion gases into the cooling system.

 

Sources:

 

 

Caller about lemon law

 

Call us for a Free Consultation if You Experienced Problems with Your Freelander Engine

 

 

F250 and F350 Tailgate Opening Problem

Owners of the Ford F250 and F350 have complained unexpected tailgate openings.  If you experienced this problem you may be entitled to compensation or a new vehicle.


1. Reported Complaints

One source reports,

The F-250 and F-350 trucks are equipped with electronic tailgates that can be opened with the key fobs, but five owners filed complaints saying the tailgates opened without warning and uncommanded. Here’s a sampling of the five tailgate complaints received by NHTSA.

“While driving 45 mph, the tailgate inadvertently opened and damaged the tail lights.”

“The rear tailgate will open randomly on its own. I’ve taken it in and nothing was done.”  Another 2017 Ford Super Duty truck owner says the tailgate has dropped about 17 times and finally the tailgate opened as the truck was going 65 mph on a mountain road and damaged the trailer and tailgate. The driver also said the experience caused him to disconnect the wiring to the tailgate. An F-250 owner said the truck had less than 5,000 miles on it when the tailgate dropped opened uncommanded three times. The driver says the tailgate and trailer were damaged. Finally, another truck owner complained the tailgate had open uncommanded at least 12 times while driving. The dealer had no answer about how to repair the problem and further said there was no way to disable the tailgate lock. The driver also complained there is no warning light to indicate when the tailgate is open.

Source: www.carcomplaints.com/news/2018/ford-f-250-f-350-tailgates-opening.shtml

 

2. Tailgate Opening Service Report 

Ford had issued a technical service bulletin (TSB) 17-2196 to dealers in October 2017 for 2017 F-Super Duty trucks built on or before June 7, 2017. Titled “Intermittent Electrical Concerns, Rear Parking Aid Camera Inop And/Or Uncommanded Tailgate Opening,” the TSB talked about a wiring harness numbered 14405.

The bulletin said the Super Duty trucks could suffer from water intrusion into the wiring harnesses and cause uncommanded tailgate openings. In addition, there may be a loss of communication on the speed controller area network (MS-CAN) and water intrusion could also cause problems with the rear-view cameras.


3. Repairs 

Ford dealers were told the tailgate problems could be fixed by the following methods.

2017 F-Super Duty 6.2-liter: Inspect connectors and replace the wire harness and include the time to remove/install the fuel tank, evaporative emission canister and replace one of the female side connectors.
2017 F-Super Duty 6.7-liter: Inspect connectors and replace the wire harnesses and include the time to remove/install the fuel and reductant tanks and to replace one of the female side connectors.
NHTSA’s investigation could be concluded in various ways. It’s possible safety regulators may find nothing wrong to indicate a safety defect, or they could upgrade the investigation. It’s also possible NHTSA could find what it believes to be a safety defect and request that Ford orders an official F-250 and F-350 tailgate recall.

 

 

If you experienced the Ford Tailgate Problem, Call for a Free Consultation

2017 Chevy Duramax 6.6L Turbo – Diesel V8 Engine Problems

A number of owners of the 2016-18 Chevrolet with the Duramax engine have been complaining about substandard performance, emission codes, and other engine problems.

Owners may be entitled to compensation or replacement vehicles.


Typical Complaints

I have an 2018 Chevy 2500HD with a Duramax L5P engine introduced in 2017. I’ve owned it for 19 days and it has been back to the dealer in and around their shop for 12 days. It is showing codes for malfunctioning emission system. The dealer thinks it is a faulty Diesel Particulant Filter and/or can not figure why it is plugging. These issues are not new with the L5P engine and have been around since mandated in 2011 with the then new LML engine. My question is just how wide spread are these issues. And my problem down the road is, if I trade the truck back should I get another and risk the same problems or just try to get my money back and wait for GM to get their act together.

Call (973) 598-1980 For a Free Consultation

 

Source: GM Inside News

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