Consumer Protection – Lemon Law — Magnuson-Moss Warranty Act

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Wisconsin Court of Appeals

Civil

Consumer Protection – Lemon Law — Magnuson-Moss Warranty Act

This case arises from two Wisconsin Lemon Law claims and a federal Magnuson-Moss Warranty Act claim that Randal Schweiger brought against Kia Motors America, Inc. A jury found in favor of Schweiger on one of the Lemon Law claims and on the Warranty Act claim. The circuit court dismissed the remaining claim. Kia appeals the resulting judgment, and Schweiger cross-appeals. ¶2 Kia’s appeal raises five issues:

(1) whether Kia’s offer of a refund barred Schweiger’s claims;

(2) whether Kia was entitled to judgment notwithstanding the verdict because Schweiger failed to provide evidence of a “nonconformity” in the vehicle that remained unrepaired during the first year after delivery;

(3) whether the jury’s damages finding in the special verdict rendered the entire verdict invalid;

(4) whether Kia was entitled to a new trial because the special verdict form was improper; and

(5) whether the circuit court erred in awarding Schweiger his full attorney’s fees and costs. We resolve all five of these issues against Kia. Schweiger raises two issues in his cross-appeal:

(1) whether the circuit court erred in dismissing the remaining Lemon Law claim; and

(2) whether the circuit court erred in reducing the amount of the jury’s damages finding.

We resolve both issues against Schweiger. Accordingly, we affirm the circuit court’s judgment. Not recommended for publication in the official reports.

2012AP962 Schweiger v. Kia Motors America Inc.

Dist IV, Rock County, Forbeck, J., Blanchard, J.

Attorneys: For Appellant: Arranz, John P., Lisle, IL; Bartolotta, Ross W., Lisle, IL; For Respondent: Dowling, Robert G., Waukesha