Cavanagh lawyer Kelton Busby obtained a defense verdict on behalf of a motorhome manufacturer and dealership in a New Mexico lawsuit alleging fraud, unfair practices, breach of warranty, breach of contract, negligent repair and punitive damages. Plaintiffs alleged that the dealership pulled a “bait and switch” during the sales transaction and that it failed to disclose certain alleged defects in the motorhome. Plaintiffs also alleged that Busby’s clients breached various warranties and sales contracts, that they negligently repaired the motorhome and that their conduct warranted punitive damages. Plaintiffs demanded more than five times the purchase price of the motorhome to settle the claim. Busby’s clients denied all liability and wrongdoing and vigorously defended the allegations at trial.
The presentation of trial evidence included live testimony by 18 witnesses, including retained experts, in-house technicians and engineers, and the introduction of hundreds of pages of documents. The jury returned a verdict in favor of both of Busby’s clients on all causes of action, entitling Defendants to recover costs from Plaintiffs. Defendants moved for summary judgment and for judgment as a matter of law. The court denied both motions, but the 12 person jury ultimately found unanimously in favor of Busby’s clients on all causes of action but one. And on that cause of action, 10 of the 12 jurors voted in favor of Defendants.
The manufacturer had this to say:
It was a pleasure working with Kelton. He’s hard-working, honest and unpretentious. We valued his ability to explain the applicable law, and its interpretations, and help us evaluate our risk many times during the process. It became clear early in this case that negotiating a reasonable resolution was unlikely, so Kelton rolled up his sleeves and went to work to defend us and the dealership successfully. He did a great job presenting evidence at trial and making complex issues relatable to the jury — he even had several members of the jury smiling and nodding in agreement during closing argument.