Suman v. BMW of North America, Inc.

Opinion

CROSKEY, J.

Plaintiff Martin Suman (plaintiff) appeals from a judgment rendered after a jury trial in which the trial court construed, in favor of defendant BMW of North America, Inc. (defendant), certain civil penalty provisions of the Song-Beverly Consumer Warranty Act. On appeal, plaintiff challenges the trial court’s construction of those provisions. Defendant defends the trial court’s construction and disputes the plaintiffs right to make those challenges. We find (1) plaintiff did not waive his right to challenge the court’s ruling and (2) the trial court erred in construing the…