Krohn & Moss, Ltd. Secures $310,000 Verdict in Lemon Law Case Against Toyota Valparaiso Jury Awards in Favor of Jared Thieme in Breach of Warranty Action
VALPARAISO, Ind.— Krohn & Moss, Ltd., a consumer protection firm, announced that after a four-day jury trial, its client, longtime former Valparaiso resident Jared Thieme, was awarded $310,000 by the Superior Court of Porter County, Indiana (case no: 64D05-1404-PL-2838) in a breach of warranty action against Toyota Motor Sales USA, marking the highest award the firm has secured to date.
The case involved a new 2012 Toyota Tundra that Thieme purchased on August 13, 2012 for $43,838. In the winter of 2012, Thieme began experiencing difficulty with the vehicle.
“I had trouble starting the vehicle, and it was often chugging and riding rough,” said Thieme. “The malfunction warning lights were also illuminated.”
After giving Toyota three chances to fix the problem, Thieme was told by a Toyota dealer that the computer in the vehicle was incorrectly reading the alcohol density content of the fuel. He was also told that Toyota had no fix for the problem and that they were working on a recalibration for the computer, according to court documents.
From January 2013 to April 2013, Thieme called Toyota regularly seeking an update on the status of his vehicle. In May 2013, an update was performed, pursuant to Toyota’s Technical Service Bulletin 58-13, but that did not repair the condition, which reappeared the following winter. According to court documents, on March 8, 2014, Toyota advised Thieme that they were unwilling to perform further repairs. At this point, Thieme retained Krohn & Moss, Ltd.
“Instead of settling Mr. Thieme’s well-founded claims, Toyota fought the case for more than four years, claiming that his problems were caused by contaminated fuel,” said John Barker, Attorney for Krohn & Moss, Ltd.
A Porter County jury saw through Toyota’s defense and awarded Thieme $31,000 representing the amount he overpaid for the vehicle and $279,000 for Thieme’s incidental and consequential damages. Additionally, federal law will allow Thieme to recover his attorneys’ fees and costs.
“This verdict sends a message to Toyota that they should stand behind their products,” said Barker. “If they sell a bad vehicle, they need to make it right. This case could have been avoided if they had heard Mr. Thieme’s claims and taken the necessary steps to fix his problem.”
Barker and his colleagues at Krohn & Moss, Ltd. Consumer Law Center ®, a consumer protection firm, have handled more than 40,000 “lemon law” actions nationwide, including more than 2,500 in Indiana.
About Krohn & Moss, Ltd.
Driven by the goal to provide effective and affordable representation to consumers throughout the nation who purchased defective products, were the victims of fraud, were harassed by debt collectors, or who suffered personal injury, Adam J. Krohn and Gregory H. Moss founded Krohn & Moss, Ltd. Consumer Law Center® in 1995. Learn more at https://www.yourlemonlawrights.com or contacted at 800 US-LEMON (800-875-3666). John Barker may be reached directly at (800) 875-3666 ext. 252 or at jbarker@consumerlawcenter.com.