Oh..sometimes justice can be sweet to watch. Judges can also have a sense of humor! Who knew?
James Michael Leasing Company bought a new Kenworth semi-truck from Paccar Inc. in 2007, and drove it for approximately 3,000 miles before concluding that the truck was a lemon.
It sought a refund from Paccar under Wisconsin's Lemon Law, and the manufacturer agreed to refund the purchase price of $135,847 plus interest, but would not refund the $53 title fee.
Now that is a real bad decision, as it turns out. Wisconsin is downright serious about their lemon laws and they add zeros on the end to emphasize the point!
The three-judge panel noted that Wisconsin's Lemon law is particularly pro-consumer, which made Paccar's decision to withhold payment a particularly bad call, culminating in a judgment almost quadruple the value of the truck.
Paccar's only options were only to pay either the amount requested by JM Leasing, or the amount it believed it owed within 30 days."Playing chicken with the consumer regarding the amount of the refund and the return of the vehicle is not a viable alternative to those narrow options. As the Wisconsin Supreme Court has stated, the manufacturer 'must weigh very carefully when 'to hold 'em and when to fold 'em,'' Dow wrote, "and PACCAR made a bad bet here."
This reminds me of the wifes company, the owner there never made a peep over the poor management of his hedging accounts by a energy broker costing him 6 million this year, while trying to screw over a contractor for $150.00. I know this because he is now working here to finish some construction projects we have going on.
I can think of a few places...and a school district for that matter...whose thinking is about this ignorant and self defeating.
On one hand..I really hate people that jump right to lawsuits and practically make a living by it. I literally knew people in California who DID file suits as a means to support themselves and make a living. The system is that screwed up for the ability to find a way to sue anyone for something.
On the other hand? You get companies and others like this who ONLY respond to lawsuit and even then, you have to take it the full distance and put serious hurt on people in the legal arena to even convince them you weren't kidding. It's a pathetic way to see our nation run...but I tell ya? I'm coming around to a point in life where if people require that to get their attention? Hell...It's under $50 to file and about the same for the process server to ruin someone's WHOLE day by handing them a stack of papers with notice.
After all... Look at what these fools went through...to save $53. Where does that leave us normal folks if we aren't willing to fight in the same arena? Pretty much S.O.L. I guess.