Consumer Protection — Lemon Law

Wisconsin Court of Appeals

Civil

Consumer Protection — Lemon Law

The issue in this case is whether Gerald and Susan Barth made their motor vehicle “available for repair” four times within one year of taking delivery of the vehicle, as required by Wisconsin’s lemon law, Wis. Stat. § 218.0171 (2011-12). A jury found that they did. Ford Motor Company appeals the judgment entered on the jury verdict awarding the Barths $138,657.20 in statutory double damages, attorneys’ fees, expenses, interest, and statutory costs and disbursements. Ford contends that making a vehicle “available for repair” contemplates an express demand for inspection or repair. We disagree and affirm. This opinion will not be published.

2013AP2338 Barth v. Ford Motor Company

Dist II, Washington County, Muehlbauer, J., Per Curiam

Attorneys: For Appellant: Hruz, Thomas M., Milwaukee; Remington, Brian M., Milwaukee; For Respondent: Dowling, Robert G., Waukesha