PHILADELPHIA – A Pennsylvania plaintiff has sued BMW on belief that the company sold him a defective automobile and thus violated a number of both federal and state laws.
Nicholas D. Manzi Jr. of Newtown Square filed suit in the Philadelphia County Court of Common Pleas on Nov. 22 versus BMW Of North America, LLC, of Woodcliff Lake, N.J.
On Nov. 12, 2016, Manzi bought a used 2012 BMW 700L manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The price of the vehicle was in excess of $48,648.70, 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 four-year/50,000-mile warranty and a seven-year/70,000-mile warranty, but the plaintiff claims four ineffective repair attempts made by the defendant “substantially impaired” the vehicle and rendered it worthless.
During the initial warranty period, the plaintiff reported defects and/or non-conformities to the following vehicle components: The vibration throughout the vehicle felt at all speeds, the anti-lock brakes and brake warning lights illuminating and the front reflectors being missing or falling out, the suit says.
For alleged violation of the Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking damages up to three times 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 plaintiffs are represented by Robert A. Rapkin of Kimmel & Silverman, in Ambler.
Philadelphia County Court of Common Pleas case 170102212
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com