January 16, 2008 |

Litigation, Appellate

In 2006 our client obtained a favorable verdict on an unusual Lemon Law case. Bentley’s own documents showed that every Bentley automobile, for three years, had an “obnoxious odor problem.” While the verdict was favorable, our client has filed three separate appeals seeking an increase in the damages and in the attorney’s fees which were awarded to him, due to Bentley’s failure to produce documents as required by multiple court orders. (See June, 2009 for the next step in the case.) The Court found that Bentley had failed to produce the documents and found that the plaintiff was prejudiced. Bentley did not file any cross-appeal. However, almost 10 months after the judgment was entered, Bentley filed a motion to set aside a portion of the judgment as void. We persuaded the trial court that the legal authorities were not being cited in a manner consistent with the law, and the motion was denied.