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Wednesday, September 5, 2007

Florida Man Wants Emotional Distress Damages in Breach of K Case

Aab A dispute in Florida offers an interesting question of damages. Jay Fischer bought a 2006 Hummer H2 from a reputable Palm Beach (Fla.) car dealer. Turns out the car was stolen, though sophisticated forged papers and VIN had duped the dealership.  Fischer and his wife suffered some anguish when police arrived at their home to seize the vehicle and determine how the 40-year-old accountant had acquired it.

The dealership obviously breached its warranty of title.  But the question is what damages does Fischer get?  The dealership has offered to refund his down payment and has paid off the $41,000 loan he took to buy the vehicle. It’s also offered to give him a new 2007 model for the same price he paid.  Fischer, though, claims he ought to get compensated for the mental stress and embarrassment he suffered when police came to his house.

[Frank Snyder]

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