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.
After a six week trial, 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.
The Complaint and Judgment are at: www.ssjlaw.com