The West Virginia Supreme Court rejected a car dealership’s argument that a plaintiff in a Lemon Law case could not recover reasonable attorney fees under the Magnuson-Moss Act because the jury’s award was lower than her settlement demand had been.
In the case before the court, Delaney v. Dan’s Car World, the plaintiff sued the dealership for breach of express warranty, breach of implied warranty, misrepresentation, breach of the Magnuson-Moss Warranty Act, violation of the West Virginia Consumer Credit Protection Act, revocation of acceptance, breach of the duty of good faith, and unconscionability after she experienced problems with a 2012 Chevy Equinox she purchased from the dealership in February 2017, according to the court’s opinion filed April 8.
