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FLORIDA RECORD

Thursday, November 7, 2024

Florida Resident Sues BMW Over Unresolved Defects in Luxury Vehicle

State Court
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A Florida resident has filed a lawsuit against a major automobile manufacturer, alleging that the company failed to repair defects in her luxury vehicle despite multiple attempts. Kathryn Chase lodged the complaint against BMW of North America, LLC in the Circuit Court for Palm Beach County, Florida on July 24, 2024.

According to the court documents, Chase purchased a 2022 BMW 8-Series from BMW of Delray Beach on May 25, 2021. The vehicle, which cost approximately $104,126.47 excluding additional charges such as registration and taxes, soon exhibited various defects. Despite numerous repair attempts by authorized dealerships under the manufacturer's warranty, these issues remained unresolved. Chase's complaint highlights defects including a faulty headliner and hinge flap, an inoperable window, and persistent illumination of the low tire pressure light.

The lawsuit claims that BMW engaged in aggressive marketing campaigns to promote their vehicles and warranties through authorized dealerships like BMW of Delray Beach. Chase argues that this created direct privity between her and BMW due to their involvement in the sale and repair processes. The complaint further details how BMW’s written warranty promised four years or fifty thousand miles of bumper-to-bumper coverage and powertrain warranty but failed to deliver adequate repairs within a reasonable time frame.

Chase asserts that she lost confidence in the safety and reliability of her vehicle due to these unresolved defects. She also alleges that these issues significantly impaired the use and value of her car. Despite notifying BMW about these problems in writing before filing the lawsuit, she contends that they did not meet their obligations under both state law (F.S.A. § 672.719(2)) and federal law (15 U.S.C. § 2310(e)).

In her lawsuit, Chase seeks several forms of relief from the court: compensation for diminished value of the vehicle or incurred repair costs as per Florida Statute § 672.712; all incidental and consequential damages; reasonable attorneys’ fees; witness fees; court costs; and an order directing BMW to properly repair any outstanding defects in her vehicle.

The case is being handled by attorney Katharine Sposato from Krohn & Moss Ltd., with Judge Joseph Abruzzo presiding over it under Case ID: 502024CA006983XXXAMB Div: AH.

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