PHILADELPHIA – A plaintiff has sued BMW on belief that the company sold her a defective automobile and thus violated a number of both federal and state commerce laws.
Louise Murphy of Newtown filed suit in the Philadelphia County Court of Common Pleas on Oct. 24 versus BMW Of North America, LLC, of Woodcliff Lake, N.J.
On Aug. 30, 2017, Murphy leased a brand-new 2017 BMW X5 from Paul Miller BMW, manufactured and warranted by the defendant, leased in New Jersey and registered in Pennsylvania. The price of the vehicle was in excess of $67,961.14, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law.
The parties’ bargain includes an express three-year/36,000-mile warranty and other guarantees, but the plaintiff claims an ineffective repair attempt made by the defendant “substantially impaired” the vehicle and rendered it worthless. During the warranty period, the plaintiff noticed the vehicle does not get 56 miles per gallon on the electric battery – instead only getting 14 miles or less, the suit says.
For alleged violation of the Lemon Law, Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking damages in an amount equal to the purchase price of the subject vehicle, plus all incidental, consequential and treble damages, collateral charges, attorney’s fees and court costs, with a total judgment not in excess of $50,000.
The plaintiff is represented by Timothy J. Abeel of Timothy J. Abeel & Associates, in Glen Mills.
Philadelphia County Court of Common Pleas case 171002991
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com