Little v. Kia Motors America, Inc.

This class action proceeded to trial and the jury agreed with plaintiffs that defendant breached express and implied warranties by selling plaintiffs cars with defective break pads. The jury awarded $750 to each plaintiff. The trial court granted defendant’s post trial motion regarding damages only. The trial court left the verdict intact to liability. But as to damages, the Court awarded defendant a new trial and decertified the class. The lower court appointed a special master and ordered each plaintiff individually to prove damages. On appeal, the Appellate Division reversed and reinstated the jury’s finding of damages. The Supreme Court reinstated the trial court’s ruling, adopting the Appellate Divisions reasoning in Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004).

Little-v.-Kia