Polk County Florida jury finds Volkswagen violated the Florida Lemon Law


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 /PRNewswire-PRWeb/ — 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.

Leave a Reply