The Milwaukee Journal Sentinel reported that the Wisconsin Supreme Court upheld what is the largest lemon law award in the state’s history. The case revolved around a consumer who sued Mercedes-Benz for a lemon E 320 sedan. A court ruled in the consumer’s favor, but an appellate court reversed the decision. The case when to trial and the jury found in favor of the consumer, who was later awarded $482,000. After yet another appeal, the Supreme Court took the case.
According to the Journal Sentinel report, “The carmaker argued it tried to provide a refund within the 30 days allowed by the Lemon Law, but that Marquez stalled in order to trigger the double damages and attorney fees allowed if a manufacturer doesn’t meet the deadline.” The Supreme Court rejected that argument, saying that the manufacturer had the burden of proving that the consumer intentionally prevented the refund within the 30-day timeframe.