Rose v. Mercedes-Benz U.S.A. LLC

Plaintiff Felice Bressler Rose brought an action under the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act (the Magnuson-Moss Act) (15 U.S.C. §2301 et seq. (2000)) for breach of express and implied warranties against defendant Mercedes-Benz after several unsuccessful attempts to repair her 2002 Mercedes ML 500. Following a bench trial, the trial court entered judgment for plaintiff and awarded her $8,000 in damages.

Defendant now appeals the damage award and the award of attorney fees and costs to plaintiff. Defendant raises three main contentions pertaining to the damage…