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Date: 10-23-2024
Case Style:
Kimbra Dolan v. Lichtsinn Motors, Inc., Winnebago Industries, Inc., and Mercedes-Benz USA, LLC
Case Number: 60CV-17=2004
Judge: Patricia James
Court: Circuit Court, Pulaski County, Arkansas
Plaintiff's Attorney:
Defendant's Attorney: Baxter D. Drennon and Joseph C. Stepina for Lichtsinn Motors
Michael A. Thompson and Antwan D. Phillips for Mercedes-Benz
Description:
Little Rock, Arkansas personal injury product liability lawyer represented the Plaintiffs.
In November 2014, Kimbra Dolan and her husband, Leslie Dolan, traveled to Forest City, Iowa to buy a recreational vehicle from Lichtsinn Motors, Inc. The vehicle was manufactured by Winnebago Industries, Inc., on a Mercedes-Benz USA, LLC, chassis. Kimbra and Leslie signed the purchase agreement in Iowa after contacting Lichtsinn by phone and email from Arkansas. The purchase agreement included a new vehicle limited warranty (NVLW) from Winnebago that required any warranty claims to be brought in Winnebago County, Iowa.
In April 2017, Kimbra sued Lichtsinn, Winnebago, and Mercedes-Benz in Pulaski County, where she lived-and was simultaneously suing Leslie for divorce. She alleged the vehicle was a lemon (a big sour one). In two and a half years, it had been out of service more than three hundred days and repaired at least twelve times. She claimed the defendants acted negligently or worse in every act that contributed to the vehicle's existence, her awareness of it, or her opportunity to buy it. The claims included breach of express warranty and implied warranties of merchantability and fitness for a particular purpose.
Both Lichtsinn and Winnebago sought to dismiss Kimbra's complaint for want of personal jurisdiction under Arkansas Rule of Civil Procedure 12(b)(2), and Winnebago argued venue was improper because of the forum-selection clause in the NVLW. All defendants contended Leslie, who owned the vehicle with Kimbra, was a necessary party. The court ordered him joined as a plaintiff.
* * *
Eventually, Kimbra agreed with Mercedes-Benz on a lump-sum settlement. But Mercedes-Benz was not willing to pay it outright, because Leslie's rights to the vehicle remained unadjudicated, and no one could locate him to get his consent. Kimbra moved to enforce the settlement; Mercedes-Benz moved to interplead the funds. The court granted interpleader.
Dolan v. Lichtsinn Motors, Inc., 2024 Ark.App. 501, CV-22-648 (Ark. App. Oct 23, 2024)
Outcome: Affirmed in part and denied in part.
Plaintiff's Experts:
Defendant's Experts:
Comments: