Stephen Jamieson, a partner in the law firm
Solomon, Saltsman & Jamieson based in Los Angeles,
California, in association with Tom Ward of the Lancaster based
law firm Michelizzi, Schwabacher, Ward & Collins, obtained a
Judgment for Fraud against E-Z-Go division of Textron, Inc. also
known as TEXTRON INC this month. TEXTRON INC., a multinational
defense contractor that is traded on the New York Stock Exchange
under the symbol TXT is ranked 190th on the Forbes 500. Ryan
Kroll, an associate at Solomon, Saltsman & Jamieson assisted
Mr. Jamieson.
A twelve person jury decided a verdict in favor of Ridgetop
Ranch Properties, Inc. dba Lake Elizabeth Golf Course (LEGC) on
claims of Breach of Express Warranty, Breach of the Implied
Warranty of Fitness for a Particular Purpose, Fraud by
Intentional Misrepresentation and Fraud by Concealment.
"The jury was clearly convinced by the evidence produced at
trial that TEXTRON (E-Z-GO Golf Cart Division) committed
Fraud," explains Stephen Jamieson. "E-Z-GO tried to
hide behind limitations in its printed warranty but was not
allowed to do so."
According to the lawsuit: the 80 E-Z-GO TXT golf cars broke
down, failed, or were inoperable on a weekly basis, rendering
numerous golf cars unfit for use; that while E-Z-GO was stating
to LEGC that the golf cars were not defective for use at the
Course, E-Z-GO was nevertheless at the same time seeking
reimbursement and credit from the speed controller manufacturer,
Curtis Instruments Inc., claiming the speed controllers used on
the TXT golf cars were defective and/or unfit for use; and, that
E-Z-GO concealed these and other facts from LEGC and went on to
replace the failed speed controllers with similarly defective
controllers.
Due to the continual breakdowns of the E-Z-GO golf cars, LEGC
gained a reputation at that time as a course that was unreliable
and dangerous, thereby suffering a tremendous decrease in the
number of golf rounds played which caused a decrease in
profitability and a diminution of value of the Course. The
jury determined damages caused by E-Z-GO Division of Textron
Inc., also known as TEXTRON, INC., to be $1,670,932.00, plus
Costs, and 10% Post Judgment Interest.
|
Stephen Allen Jamieson is with
the firm of Solomon,Saltsman & Jamieson in Playa del Ray,
which does civil litigation, administrative law, land use, and
personal injury and business litigation. |
