Customer Makes Public Settlement Offer To Tesla In “Lemon Law” Case

APR 18 2014 BY JAY COLE 38

The "King of Lemon Laws" Pitches Settlement For His Client - Publically Of Course

The “King of Lemon Laws” Pitches Settlement For His Client – Publicly Of Course

Perhaps feeling the pressure from the decision to go viral against Tesla Motors, Robert Montgomery and his lawyer Vince Megna – the self proclaimed “King of Lemon Laws”, have made a settlement proposition in their case to the California company over an allegedly grossly defective Model S …publicly of course.

Two weeks ago, Vince Megna and his client decided to apply pressure to Tesla by posting an antagonistic video online detailing their lawsuit.

However, and unlike previous lawsuits that the “lemon king” had initiated, Tesla fought back shortly thereafter – publicly; and in so doing basically accusing the Franklin Doctor of intentionally sabotaging his Model S, and being a habitual nuisance filer.

“…When the fuse kept blowing despite the new parts, and faced with no diagnosis showing anything wrong with the car, the engineers were moved to consider the possibility that the fuse had been tampered with. After investigating, they determined that the car’s front trunk had been opened immediately before the fuse failure on each of these occasions. (The fuse is accessed through the front trunk.) Ultimately, Tesla service applied non-tamper tape to the fuse switch. From that point on, the fuse performed flawlessly.”

“It’s also of interest to note that this particular lawyer filed a lemon law suit against Volvo in February last year – on behalf of the very same client.

Now, Mr. Montgomery has decided he wants to settle – for just the price of his Model S and lawyer costs.

The doctor will dismiss his case (with prejudice), and return his Model S to Tesla provided:

  • Tesla refunds $108,600
  • Pays his attorney fees

Also noted in the settlement, Montgomery and Megna says they will not agree to any confidentiality provisions.

Vince Megna says (ironically) in his client’s offer of settlement:

“It is disturbing that Tesla Motors, without basis in law or fact, accuses its customer of tampering with a fuse in order to gain advantage under the Wisconsin Lemon Law.

“This tactic is effective in social media where my client’s character has been brutally attacked. However, in the courtroom, meritless allegations will be replaced by Tesla’s own confirmation of vehicle problems and 66 days in the repair shop.”

Mr. Megna says he is accustomed to attacks given his aggressive style, “But when my client – a medical doctor who cared for U.S. soldiers in war – gets the same onslaught, that’s when the line is drawn. After all, all he ever asked for was a refund for a bad car.”

The offer is on the table until 5 p.m (CST). April 22, 2014

JSOnline

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38 Comments on "Customer Makes Public Settlement Offer To Tesla In “Lemon Law” Case"

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Don’t take the bait, Tesla. If you do, Lemon Squeeze gets his PR and will tout it as a victory over Tesla. When Megna confronts Musk – I believe he’s found his match in using social media as a PR tool. When Musk wins, and instead offers the “good doctor” his money back and a privacy clause – they win.

Key to this case is the fact Tesla claims they received no request for a replacement/refund from the customer.

I say, advantage Tesla.

I thought, Teslan claim that uised teslas sell at a higher price. Why doesn’t some tesla fan boy buy out this car, if this car is so great? Elon can keep a spare at his abode, in case he runs out of battery on his primary one.

Because

a)That would be doing Robert Montgomery a favor after making bogus claims.

b)No one wants a sabotaged Model S .

Why don’t you contribute to Mr Montgomery’s legal defense fees along with others on the short bus using the term “Tesla fan boy.”

excellent response Rob S!

The best part of this whole series of comments is your name, dude. “Big Solar” … Love it!

Good luck douche bag. Tell that lawyer to go screw himself.

It is clear from Mr. Montgomery’s posting online in both the Tesla and Volt forums that he was not operating in good faith. Further still is his ‘legal notifications’ were sent via regular mail rather than FedEx spaced to give Tesla very little time to notice or react (just a few business days, total). Further, I would not give Vince Megna one thin dime and after winning this case I would attempt to have him disbarred if it becomes clear during the case that he knew the car had been tampered with. Most people go their entire life never receiving a “lemon’ yet somehow Robert Montgomery receives two in less than a year. This owner is an exaggerator of the first order. For example, he had a failed charging table and claims if he hadn’t checked it, the car would have been ““bricked” (ruined beyond repair)”. In reality, you can park a Model S at 50% charge and leave it for a year with no problem. But yet he persists in these types of incorrect statements. Why? For attention? To stir the pot? I hope he is a better anesthesiologist than he is a car owner. I know I wouldn’t… Read more »

This Lawyer trying to “good guy” his client with the reference to treating U.S. Soldiers, has nothing to do with the facts of the case.

This is a media extortion case. Take back the car for full value and my fees, because I’m getting a little hungry here, and we won’t ruin the Tesla brand.

Yes, it would be expensive for Tesla to fight; but, if this lemon squeezer loses, his client may have to pay some of Tesla’s legal fees and may have to keep the car. I’ll give ya a used Leaf and $5,000 for the car sight unseen and you don’t have to replace the pulled fuses.

Ooh, I love bringing veterans into this. Maybe the good doctor also helps little old ladies cross the street!

Dr. Kenneth Noisewater

Musk needs to go full-on Corleone and burn this figpucker to make an example of him..

https://www.youtube.com/watch?v=TfeHKGvcEUg

I own a Tesla and am pretty sure this guy is a total liar.

I think the troll of a lawyer just realized that his client has not be fully transparent, and has changed tack to try to recover some face from a loosing case.

Societies do tend to keep their medicine men in high regard so Mr. Montgomery’s “Dr” title must be pure gold for this ambulance chaser. In this case an engineer’s degree would have helped Mr. Montgomery better; he might have noticed that Tesla might be able to keep track on his tampering with the car.

Anyway, I’m sure Tesla will see him in court.

The likelihood of having one “lemon” is very low. Today’s cars are quite reliable.

The likelihood of having TWO “lemon” cars is statistically improbable. This guy just wants to drive a Tesla for free OR he’s a Tea Bagger Republican who wants Tesla to look bad.

I guess the lawyer is less sure about this case than he presented early (and he probably knows he lost the PR battle already).

The “Queen of the Lemon Stand” chose the wrong company to mess with.

Offering to accept the full value of the car, and refusing to the privacy clause is a big giveaway that there is something that is not on the level here. How is this “settlement” offer to Tesla’s advantage? I would think that the Lemon law would provide for a refund of the car’s purchase price… Maybe I am missing something(I am not). If the car had problems(and they will happen from time to time, regardless of the manufacturer)and Tesla tried to resolve this in a reasonable and fair manner(which is what they claim)then why would the good Dr refuse? Because this is about something else. My guess is it is a ploy to get Mr.Lemon law more national publicity.He might get it but not the kind he wanted.

Lou

Why do we care what profession his client has? Those kinds of details don’t matter in the least, do they?

I hope Tesla doesn’t settle. Attorneys are ruining this country.

I think in general there are fewer lemons these days, though supposed greater reliability is continually under attack it seems by some pesky gremlins. Due to the various studies on the failure rates of complex system, as in the more complex a system is the more chances for failure exist, evidenced by, for example the recent spate of massive recalls from Toyota and GM, we can certainly question the perceived reality of more reliable vehicles in the current day. In general I think it is true that there are fewer actual lemon cars these days, there are more apples with bruises. Generally well made cars with some flaws. Economics play a big role too, since as more complexity enters the system, the time required to alleviate problems goes up, which raises costs. Tesla understands though that stopping problems before they happen or responding aggressively to unexpected/unanticipated consequences when design flaws are found, is the best approach to achieving reliability in complex systems, which cars undoubtedly are.

Well since it’s a “law”.
Why don’t the two sides just take the facts to court and let the judge/mediator make the call.
I have no doubt that the Tesla attorney will have a thick binder of actual facts and the other will be a thicker binder but just made up of irrelevant words. Well, maybe they’ll also have a patriotic looking picture or two of the US Vet the good doctor serviced 😉

Slap him with rule 11 sanctions.

This case, in addition to whatever points are not mentioned, such as why the car was in the shop 66 days, has some interesting points for a jury to consider: 1). Specifically, what issue does fuse tampering or non-tampering have to do with the problem the doctor had with the car? As presented on this blog, the strong implication is that ‘tampering’ has been taking place. If the Lawyer states that there was an initial problem and the doctor just raised the hood to confirm the trouble, this sequence of events might be discernable from any electronic logs the car keeps, or it would seem the logs would tend to indicate tampering, if such tampering really occurred. Of course Tesla’s lawyer will indicate this particular problem stopped after the application of tamperproof tape. So this leads the bystander (me) to point 2). Since this lawyer is publically claiming a violation of the Lemon Law, his prestige is also on the line here. My very big question would be for him, after evaluating the evidence provided by the doctor, and using his own eyes, must be quite sure there is a legitimate case, and could convince a Jury of presumably non-Tesla… Read more »

Is Bill Howland the lawyer,Vince Megna?

No shortage of these types of comments:
.
Again, Brian who comments here frequently, mostly on Solar and Leaf issues, has driven my Roadster. Confirm your suspicions with him. That goes for Mint and James ditto.

@ Bill Howland: Don’t make too many claims about yourself if you choose to remain anonymous. Anybody can live out any fantasy in the anonymity of cyberspace to boost his credibility but the smart reader will recognise a posturer when he sees one.

Referring to other anonymous posters that are supposed to vouch for you doesn’t actually boost your credibility.

On the contrary, I’m obviously not remaining anonymous, but the almost unbelievable hatefulness of your posts and others like you is degrading the quality of this blog. When people start threatening, you would think Jay Cole would take immediate action, since that kind of talk is borderline libelous. Where I live, in NY State, a person *Cannot* make a threat against a property owner. The police will be at such a person’s door step immediately. I own 2 electric cars, one of which is a Tesla, and I in general am satisfied with the warranty service, and also services for which I’ve paid for, for both electric cars, and the (in general) professionalism of both Tesla and GM. Saying this, I realize that at times, other owners may have other problems, that I personally have not experienced. I comment the way I do since I view things in the light of my professional experience, and, seeing as I own 2 electric vehicles I would gather that gives me the right to comment on them. But apparently my musings on what has or might have transpired is too much for the noisier people here, so you won’t have to tolerate me… Read more »

Hey Bill (et al), perhaps we have been remiss in someway? We certainly do not tolerate any threats to any other persons. If we have overlooked any incidents of this, that is on us – and apologize.

Everyone is certainly entitled to their own opinion, and the comments are here to have that discussion.

That being said, there is a lot of post/comments at InsideEVs everyday. If you see/feel anything is over the line, please just sent us a note at insideevs@gmail.com and we’ll have a look and take the appropriate action so that everything stay civil and people can enjoy the wider community.

We do appreciate yours and others participation in the stories, please take a minute and reconsider.

All the best,
Jay

Oh, on second thought, forget it.. Too much to hope for.

Hey, Chris O:

I don’t even know Bill Howland. But as a would-be EV owner, in one year of perusing these comments I have found his inputs to be very useful. He is professionally knowledgeable on electrical matters and is a (mostly) satisfied owner of a Tesla Roadster and a Chevy Volt.
He has sufficient “cred” here that his opinions deserve a hearing, even if you end up disagreeing.

So, how about you cool it a bit?

Hmmm! It seems Chris O’s snotty message got deleted.

Never miiiind!

Bill, I do deplore people calling you a troll. While we sometimes disagree, I believe you are coming from an honest and thought through position.

You do have some valid points here but the sequencing of the fuse blowing and frunk being opened immediately BEFORE that would not be consistent with a valid problem occurring.

As was mentioned elsewhere, the odds of one person owning 2 lemons is pretty low.

Finally, big car companies often settle disputes regardless of the facts just to make the bad publicity go away. I’ve seen that many times before.

I wish Ford would settle with me on my Focus Electric lemon. It spent 10 weeks in the shop, and Ford is totally ignoring my calls, emails, letters, letters from the Missouri Attorney General Office (they have advised me to hire an attorney).
As was posted on this website, they have been charged with patent violations. Ford doesn’t care about it’s customers! Or the law.

@ Bill,

Nobody said this ambulance-chaser attorney is “ignorant” as you say –

Cunning and immoral does not ignorant make – just cunning and immoral.

Go Tesla spray RAID to the cockroaches, do not settle.

🙂

Can we just make Lawyers illegal??? I hate these money grubbing sleaze bags….they should be liable for the huge costs and burden they put on the American society…

I wonder if Tesla can deduct fraud days from the number of days the car was in the shop. Take out the days with the tampered fuse. Take out the days with the working door handles. Whats left? Perhaps not enough for the lemon law to apply any more.

A customer should not be able to just bring the car to the shop for enough days to trigger the lemon law when there is nothing wrong with the car.