Our consumer had a Honda Hybrid CRZ that would lose IMA battery charge and power on acceleration when they took their foot off the brake to accelerate.  Then there was a severe loss of power in acceleration, the battery level indicator would drop to zero, and once the battery level indicator would drop, the acceleration was very poor for up to four minutes (a serious safety defect).  These nonconformities were not cured despite several repair attempts by Honda's dealers.

Honda claimed it was not a problem, that they inspected it and tested it and never experienced the problem to the severity the consumer did, and that the vehicle was working within factory specifications.  A lawsuit was filed under the Virginia Lemon Law and the Magnuson-Moss Warranty Act.  The jury trial resulted in a jury verdict for the plaintiff for breach of express warranty under the Magnuson-Moss Warranty Act for the consumer's damages (diminished value of the vehicle due to the problem), and all his legal feees.  The jury found in favor of Honda under the Lemon Law claim.

John Cole Gayle, Jr.
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Consumer Law Pioneer and Co-Author of Virginia's Lemon Law