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ROMANO v. GALAXY TOYOTA

Docket No. A-0251-06T3.

945 A.2d 49 (2008)

399 N.J. Super. 470

Marie ROMANO, Plaintiff-Appellant, v. GALAXY TOYOTA a/k/a Monmouth Toyota, M.T. Imports, Inc., Galina Caporellie and Daniel Caporellie, Defendants-Respondents, and Toyota Financial Services, Defendant, and Galaxy Toyota a/k/a Monmouth Toyota, M.T. Imports, Inc., Third-Party Plaintiff/ Cross-Appellant/Cross-Respondent, v. Daniel Caporellie, Third-Party Defendant/ Cross-Respondent/Cross-Appellant, and Galina Caporellie Poss, Third-Party Defendant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 2008.

Attorney(s) appearing for the Case

Ronald L. Lueddeke, Spring Lake, argued the cause for appellant (Lueddeke Law Firm, attorneys; Mr. Lueddeke, on the brief).

Resa T. Drasin argued the cause for respondent/cross-appellant/cross-respondent Galaxy Toyota (Woehling & Freeman, LLP, attorneys; Ms. Drasin, of counsel and on the brief).

Edward L. Larsen, attorney for respondent/ cross-respondent/cross-appellant Daniel Caporellie.

Respondent Galina Caporellie Poss has not filed a brief.

Before Judges LISA, LIHOTZ and SIMONELLI.

The opinion of the court was delivered by LIHOTZ, J.A.D.

In this consumer fraud case, we review the appropriate measure of damages when a purchaser revokes acceptance of an automobile whose odometer has been rolled back. At trial, plaintiff urged and the jury found that her ascertainable loss for the purpose of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -166, was the purchase price paid for the vehicle. On defendant's motion, the trial court set aside...

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