Sending a Message: Arbitrator Multiplies Punitive Damages 25-Fold in Case Against Car Dealership
A Naugatuck-based car dealer is on the losing end of a $261,596 arbitrator's decision. That arbitrator, Paul Nicolai, noted in his decision that this wasn't the first time A Better Way Wholesale Autos Inc. had been accused of deceptive practices.
November 01, 2018 at 04:23 PM
4 minute read
An arbitrator awarded $261,596 to a Meriden woman who sued an independent car dealer for breach of contract on arguments it pressured and deceived her into signing a second contract with provisions she hadn't agreed to, and at a higher percentage rate.
In his scathing five-page ruling, which was emailed to both parties Wednesday, Springfield, Massachusetts-based arbitrator Paul Nicolai said he was awarding much more than plaintiff Rebecca Murillo had requested to send a message.
Nicolai, president of the Nicolai Law Group, wrote that he was awarding $234,708 in punitive damages, or 25 times the amount he was awarding in actual and statutory damages against Naugatuck-based A Better Way Wholesale Autos, “to discourage violation of its statutes and to hopefully, finally dissuade respondent … from its method of business.”
In his decision, Nicolai noted there had been several prior arbitration awards and court decisions issued against the company.
Plaintiff counsel Dan Blinn had 39 previous claims leveled against the company, which bills itself as New England's highest-volume independent dealer. Of these cases, 21 are closed and 18 are active. Almost all, he said, went in his favor, many resulting in awards of judgment. But the Nicolai award is by far the highest against A Better Way, according Blinn, managing attorney for Rocky Hill-based Consumer Law Group.
Blinn was seeking just $13,437 in punitive damages for his client.
Murillo finalized paperwork on a 2008 Lexus IS-250 in February 2017. The car's total cost was $9,880, so Murillo put down $5,000 as a down payment to seal the deal on a loan at an annual percentage rate of 13 percent.
But soon after, Blinn said, Murillo received a call from A Better Way saying there was a problem with her credit application and that the bank didn't want to finance the loan. Murillo, Blinn said, was then told the dealership would be able to obtain financing with a different lender, but for 19 percent interest. When Murillo asked for a return of her down payment, she was told she'd only be able to get $3,000 of the $5,000. Felling pressured and not wanting to lose $2,000, Blinn said Murillo agreed to the second contract.
Blinn said that second contract included items Murillo was not told she'd be charged for, including oil changes for life at $399, a tires-and-wheels contract for $599, a service contract for $1,995 and a dealer conveyance fee of $598.
The lawsuit, filed November 2017, said Murillo “had not requested them, and did not desire them.” The lawsuit alleged numerous violations, including of The Truth In Lending Act and the Connecticut Unfair Trade Practices Act.
Ridgefield-based attorney Kenneth Votre represents A Better Way dealership. He did not respond to a request for comment on Thursday.
The company could petition the U.S. District Court for the District of Connecticut to vacate the award.
John Gorbecki, owner of A Better Way, told the Connecticut Law Tribune Thursday: “We are in the right and we will fight it and we will protest it. We disagree with the decision. We are a 20-year-old company and we do a really good job of following Connecticut regulations, and we sell a lot of vehicles.”
Blinn said Nicolai's decision “is an important one.”
“We are still receiving calls from many consumers describing the same conduct,” Blinn said. “The arbitrator's goal, I believe, was to set a deterrent for this company to reconsider its business practices. I hope that is the result of this case.”
Related Story:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPreparing for Change? These Leaders Have Already Done It. Plus, Managing Partner Survey Results
8 minute readFalse Claims Act Causation Standard Continues to Divide Federal Courts
5 minute readTrending Stories
- 1Settlement Allows Spouses of U.S. Citizens to Reopen Removal Proceedings
- 2CFPB Resolves Flurry of Enforcement Actions in Biden's Final Week
- 3Judge Orders SoCal Edison to Preserve Evidence Relating to Los Angeles Wildfires
- 4Legal Community Luminaries Honored at New York State Bar Association’s Annual Meeting
- 5The Week in Data Jan. 21: A Look at Legal Industry Trends by the Numbers
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250