Superior Court of New Jersey
Law Division – Monmouth County
Docket No.: MON-L-4466-03

Facts: Customer, our client, decided to buy a new BMW from a South Dakota BMW dealership because of attractive pricing advertised on the internet. On October 20, 2002, Plaintiff and Billion BMW entered into a contract for a new 2003 BMW 745LI in the amount of $82,475.17. The vehicle was being shipped from the Billion dealership in South Dakota to New Jersey.

Billion chose DAS Autoshippers to transport the vehicle from South Dakota to New Jersey. The vehicle arrived at the DAS facility in Linden on November 14, 2002. Prior to the shipment, Plaintiff paid the entire purchase price for the vehicle by making a down payment and financing the balance. Plaintiff arrived at the DAS facility on November 16, 2002 to pick up the car. Plaintiff refused to pick up the car because of damage to the vehicle. Plaintiff claimed that DAS employees at the Linden facility joy-rided the car at a test track in the back of the Linden yard and trashed the car. DAS denied doing so. Billion transported the vehicle to Garden State Auto Body for repair. Repairs were made to the vehicle. After the repairs were completed, Plaintiff refused to take possession on the basis the repairs were not adequately done and the car was no longer new.

Billion BMW argued that it properly delivered the car to DAS and it was not responsible for the subsequent damage. DAS said the car was damaged prior to its arrival at is Linden yard. Plaintiff argued under the Uniform Commercial Code that Billion BMW had an obligation to deliver to him a new car, not a damaged and repaired car. Plaintiff also argued that DAS joy-rided the car and damaged it. Plaintiff wanted all his money back. Defendants refused to settle pre-trial. We are pleased to report that our client prevailed at trial and the jury awarded him $93,000.