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MARQUEZ v. MERCEDES-BENZ USA, LLC

No. 2010AP826.

815 N.W.2d 314 (2012)

2012 WI 57

Marco A. MARQUEZ, Plaintiff-Respondent-Cross-Appellant, v. MERCEDES-BENZ USA, LLC, Defendant-Appellant-Cross-Respondent.

Supreme Court of Wisconsin.

Decided May 24, 2012.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent briefs by Patrick L. Wells , Thomas Armstrong and von Briesen & Roper, S.C., Milwaukee and oral argument by Patrick L. Wells and Owen Thomas Armstrong, Jr.

For the plaintiff-respondent-cross appellant there were briefs by Timothy J. Aiken , Vincent P. Megna , Susan M. Grzeskowiak and Aiken & Scopture, S.C., Milwaukee and oral argument by Vincent P. Megna and Timothy J. Aiken.

SHIRLEY S. ABRAHAMSON, C.J.

¶ 1 Marco A. Marquez, the consumer, brought this action against Mercedes-Benz USA, LLC, alleging that his new car was a "lemon," as defined in Wis. Stat. § 218.0171(2) (2005-06);1 that he requested a refund and provided Mercedes-Benz with the required notice and information; and that Mercedes-Benz failed to provide a refund within the 30-day statutory period as required by Wis. Stat. § 218.0171...

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