Another Important Win for Norman Taylor & Associates

In Hayes v. GMC and Tustin Chevrolet we have a classic Song-Beverly Act case that demonstrates what Mr. Taylor describes in his book on the Lemon Law as the "lemon Gauntlet". The essential facts in that case were:

• The new car was delivered with significant rust to brake lines, rear spindle and lower control arm. An expert stated that the vehicle was exposed to a chemically corrosive material.
• GM denied repair under warranty. They asserted that the rust problem was not covered by the warranty.
• GM attempted one repair, as a "goodwill gesture". The attempted repair did not correct the problem.
• Mr. Hayes undertook arbitration through the Better Business Bureau (BBB).
• Even though the GM representative said they could not correct the problem, the mediator awarded the manufacturer another repair attempt.
• GM refused to communicate to Mr. Hayes what they intended to do to repair the problem, despite repeated attempts by Mr. Hayes to get this information.
• GM said it was the dealer's problem and they have no control over what the dealer did or did not do.
• Dealer gave the Hayes the runaround (the gauntlet in action).
• Finally the dealer said they would grind away the rust; this was another improper repair attempt.
• Thereafter Mr. Hayes made several more attempts to get the problem properly corrected.
• The proper solution would have been to replace the rusted components. GM and the dealership never offered to provide this remedy.
• Mr. Hayes files suit.
• On resolution of the case the jury found for the plaintiff and awarded $27,000.00 for replacement cost of the vehicle and 2X this amount, $57,000.00 for civil penalty