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 — 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

Krohn & Moss, Ltd. Consumer Law Center® is pleased to comply with state regulations concerning client statements and testimonials:

In order for you to see our client video or read our client statements, please click the green button below. You will be taken directly to the video or client statements.

If you are interested in viewing information about the lawyer/firm’s past results and testimonials about the lawyer/firm, please read and acknowledge the information below.

The information in this section contains information about the lawyer/firm’s past results, testimonials about the lawyer/firm, and statements regarding the lawyer/firm’s quality. The information has not been reviewed or approved by Bar Associations of the states in which the law firm practices.

The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided.

All results of cases handled by the lawyer/firm are not provided and not all clients have given testimonials.

The results and testimonials provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Past results are no guarantee of future results. Every case is different, and each client’s case must be evaluated and handled on its own merits.

The testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.