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Case of the Month October 2025

Jury Favors Plaintiff in Suit for Breach of Warranty Following Automobile Purchase

Coka v. BMW of N. America LLC

Case Type:
Consumer Protection - Warranty/Breach of Warranty
Contracts - Warranty
Contracts - Warranty-Implied

Specific Liability:
Vehicle purchaser asserted that automobile manufacturer failed to comply with vehicle's warranty by failing to repair and/or remedy defects

General Injury:
Monetary Damages

Jurisdiction:
State: Wisconsin
Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiff's complaint: 2022 WL 22936137
Jury instructions (opening): 2023 WL 12087278
Special verdict: 2023 WL 12087282
Judgment 2024 WL 5695362

Case Name:
Coka v. BMW of N. America LLC

Docket/File Number:
2022-CV-000368

Result Amount:
Plaintiff, $44,600; increased in judgment to $178,601

Result Date:
December 14, 2023

Judge:
Timothy Witkowiak

Attorneys:
Plaintiff: Vincent P. Megna, Lemon Law Justice Center LLC, Brookfield, WI; Susan M. Grzeskowiak, Lemon Law Justice Center LLC, Brookfield, WI
Defendant: Timothy V. Hoffman, Sanchez, Daniels & Hoffman LLP, Chicago, IL; John R. McInerney, Sanchez, Daniels & Hoffman LLP, Oakbrook Terrance, IL

Result Type:
Jury Trial

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$22,000 to plaintiff for the difference between the value of the 2020 BMW X5 vehicle if it had been as warranted and the value of the 2020 BMW X5 vehicle with the defects or malfunctions
$22,600 to plaintiff for consequential damages due to the failure to repair the defects or malfunctions within a reasonable time
According to the electronic court docket, the court subsequently entered judgment in the plaintiff's favor against the defendant in the total amount of $178,601, inclusive of costs and disbursements.

Summary of Facts:
Plaintiff Sokol Coka, a resident of Hales Corners, Wis., reportedly purchased a 2020 BMW X5 sport utility vehicle (SUV) from defendant BMW of North America LLC for $64,751, plus $3,626 in sales tax, and paid title, loan filing and processing fees, as well as additional charges. The plaintiff said that he made a cash payment of $10,000, and financed the balance of the purchase price.

The plaintiff contended that at the time of purchase, the defendant provided limited warranties, and warranted in writing that the vehicle was free from mechanical and other defects. The defendant was allegedly obligated under the terms of the written warranties and written inspection form to perform warranty service and repairs within a stated period of time.

The plaintiff asserted that he experienced problems and/or defects with his vehicle during the warranty period, which included but was not limited to the vehicle's roof leaking, the sunroof failing to close and/or operate properly and noise emanating from the vehicle's front control arm ball joints. The plaintiff contended that the defendant failed to comply with the terms of the vehicle's warranties by failing to repair and/or remedy the malfunctions and defects during the warranty period.

The plaintiff asserted multiple claims, which included a claim for violation of the Magnuson-Moss Warranty Act-Federal Trade Commission Improvement Act, 15 U.S.C.A. 2301, et seq.

The plaintiff sought a refund and/or damages under the Magnuson-Moss Warranty Act, as well as rescission of the parties' motor vehicle purchase contract, together with attorney fees, interest, costs and disbursements.

The defendant denied liability and disputed the nature and extent of the plaintiff's claimed damages.

The matter proceeded to a jury trial. Jurors returned a verdict, finding that the defendant or its authorized dealer had supplied the plaintiff with a vehicle that had defects or malfunctions, and that such defects or malfunctions were covered by the terms of the defendant's warranty.

Jurors also determined that the plaintiff had provided the defendant or its authorized dealers with a reasonable opportunity to repair the defects or malfunctions; moreover, jurors found that the defendant and/or its authorized dealers had failed to repair the defects or malfunctions within a reasonable time.

The jury awarded the plaintiff damages of $44,600.

According to the electronic court docket, the court subsequently entered judgment in the plaintiff's favor against the defendant in the total amount of $178,601, inclusive of costs and disbursements.

Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2023 WL 12096187