Polk County Florida jury finds Volkswagen violated the Florida lemon law and breached its warranty by failing to repair the collision warning system in consumer’s 2022 Audi Q3
BARTOW, Fla., Aug. 16, 2024 — On August 13, 2024, the Circuit Court of Polk County entered judgment on a jury’s verdict in favor of Auburndale resident, Johannes Posojewitsch, following a three-day trial in Case # 2022-CA-003293. The jury unanimously found Volkswagen Group of America, Inc. violated the Florida Lemon Law and breached its written warranty under the federal Magnuson-Moss Warranty Act by failing to repair the Pre-Sense Collision Warning System in Mr. Posojewitsch’s 2022 Audi Q3. The Court ordered Volkswagen to repurchase the vehicle, brand its title as a “lemon,” and to refund Mr. Posojewitsch $36,192.41 in lease payments. Additionally, because the jury upheld a 2022 Arbitration Decision of the Florida Attorney General finding the same vehicle to be a “lemon,” the Court ordered Volkswagen to pay a civil penalty of $16,850 ($25 per day since the date of the arbitration decision). In total, judgment was entered against Volkswagen in the amount of $53,042.41 plus an additional $25 per day and 9.46% statutory interest until Volkswagen satisfies the judgment. The Court also determined Mr. Posojewitsch is entitled to recover the fees and costs incurred by his trial attorneys, Jeremy Kespohl and Theodore Greene, and their firm, Krohn & Moss, Ltd. Consumer Law Center®. The firm relied solely on the fee-shifting provisions of the law to be paid and did not charge Mr. Posojewitsch any money for their services.
“Volkswagen should have repurchased this vehicle 2 years ago when the Attorney General declared it to be a lemon. Instead, Volkswagen put Mr. Posojewitsch through the ringer, and now it is going to cost them dearly.”
Jeremy Kespohl, trial counsel, commented, “Volkswagen should have repurchased this vehicle 2 years ago when the Attorney General declared it to be a lemon. Instead, Volkswagen put Mr. Posojewitsch through the ringer, and now it is going to cost them dearly.” Mr. Kespohl may be reached at (800) 875-3666 ext. 276 or at jkespohl@consumerlawcenter.com.
The jury’s verdict represented a tremendous victory for Mr. Posojewitsch who months earlier opted-out of a class action settlement involving the Q3’s Pre-Sense System in Dack, et. al. v. Volkswagen Group of America, Inc. (4:20-cv-00615), which would have only provided Mr. Posojewitsch with a limited extension of the Q3’s warranty.
About
Krohn & Moss, Ltd. Consumer Law Center® was founded in 1995 and provides legal representation to consumers throughout the nation with defective vehicles. The firm may be found at https://www.yourlemonlawrights.com or contacted at 800 US-LEMON (800-875-3666).
Media Contact
Jeremy Kespohl, Krohn & Moss, Ltd. Consumer Law Center, 1 800-875-3666 276, jkespohl@consumerlawcenter.com, https://www.yourlemonlawrights.com