After $70K verdict, faulty-car suit settles 

Posted: 7:00 pm Sun, April 18, 2010
By Brendan Kearney
Daily Record Legal Affairs Writer

A Sykesville woman settled her consumer lawsuit against Mini of Towson shortly after a Baltimore County jury awarded her $70,000 in connection with her purchase of a problematic used car from the dealership four years ago.

Christina Erickson-Perdomo, a counselor for the Anne Arundel County Public Schools, was not properly informed that the 2003 Mini Cooper was a “dealer buy-back,” the jury decided after a four-day trial in county circuit court.

Most of the jury award — $50,000 — was for punitive damages flowing from the jury’s conclusion that the dealership “intentionally concealed a material fact” in the course of selling Erickson-Perdomo the vehicle. The remainder of the Feb. 5 verdict consisted of $15,000 for economic damages and $5,000 for non-economic damages.

On Feb. 16, the parties agreed to settle for an undisclosed sum, said the plaintiff’s attorney, Jane Santoni, who declined to discuss the case, citing a confidentiality agreement.

“But we’re getting ready to file a new suit for a person who claims a similar thing happened to him,” said Santoni of Williams & Santoni LLP.

Douglas W. Biser, who represented Towson Automotive Inc., did not return calls for comment last week.

The jury also found that Mini of Towson “materially altered” the notice that disclosed BMW had reacquired the car in “an effort to promote customer goodwill” after Erickson-Perdomo signed it. A previous owner of the Mini Cooper had complained of electrical and mechanical problems, and the manufacturer agreed to buy it back, according to the plaintiff’s court submissions.

The dealership, which has moved from Kenilworth Drive to Reisterstown Road, according to its Web site, had claimed it had properly provided Erickson-Perdomo the disclosure notice.

According to court papers, Erickson-Perdomo, 44, bought the little silver car on March 27, 2006. Within months, she had various electrical problems and had the battery replaced and the cruise control fixed.

She decided to get rid of it in March 2007, and in that process, Erickson-Perdomo learned of the buyback. (She eventually sold the car to CarMax last year, Santoni said.)

Erickson-Perdomo asked Mini of Towson for a refund, but the dealership refused, according to the plaintiff’s written account. So, she sued in October 2007, alleging statutory violations, breach of contract and fraud. She sought compensatory and punitive damages of more than $1 million.

Unable to convince Retired Judge John F. Fader II that summary judgment should be granted because the dealership failed to report the sale to the Motor Vehicle Administration, the parties went to trial on Feb. 1 before Judge Susan Souder.

What’s Erickson-Perdomo drive now?

“I think she drives a Prius,” said Santoni.