Faced with representatives from an auto dealership saying one thing in deposition and another during trial, plaintiff's counsel said he saw an opening to "hammer the differences" home.

West Hartford solo practitioner Hoa Nguyen represented plaintiff and BMW owner Erin Hassett during the trial. He said representatives of defendant Secor's Auto Center Inc. had conflicting stories.

During deposition, Nguyen said the defense had said that the drain plugs and alignment were covered under the warranty. During the trial, though, they testified it wasn't covered under the warranty, but was a gesture of goodwill, Nguyen said.

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'I used their own words against them'

Hassett filed a lawsuit in New London Superior Court in February 2018.

The big issue during the three-day March trial was whether the car's defective valve seals were covered under the warranty. The dealership said the parts weren't, and sought to have Hassett pay $9,200 in repairs. The plaintiff's side said the valves were covered.

Nguyen said it was over the issue of less expensive items, such as drain plugs and the alignment, that he saw an opening to go against the defense at closing.

"I just used their own words against them," Nguyen said Wednesday. "They changed their story from what they said at deposition to what they said during trial. I think juries in general have a mistrust of car dealerships, and they didn't like them saying they'd stand by smaller issues in warranty and not something that will be more costly, like the valve seals, in warranty. We hammered that home. That was our theme."

Representing the defendant car dealership are attorneys Matt Greene and Victoria Mueller of New London-based Mueller Greene Attorneys at Law. Neither attorney responded to a request for comment Wednesday.

The six-person jury rendered its verdict March 19. It awarded Hassett $25,471, or the cost of her used 2010 BMW X6 XDrive 50i. She purchased the vehicle in November 2017. The jury also awarded the plaintiff an additional $13,320, which includes $2,320 in interest on the car since when she purchased it.

After the trial was over, the defense threatened in emails to sue attorneys Sergei Lemberg and Vlad Hirnyk, both of whom work for Lemberg Law.

Lemberg and Hirnyk handled litigation for the plaintiff up to trial, and then passed the case over to Nguyen to try in front of a jury.

The emails from the defense claim that Lemberg and Hirnyk kept settlement offers from their client. Lemberg denied that accusation.

The March 20 email from Mueller to Lemberg states, "As a professional courtesy, please be advised that my client has authorized us to move forward with an action against you, attorney Hirnyk, your firm, as well as your client individually for abuse of process, vexatious suit, Unfair Trade Practices, and breach of contract as it relates to your client."

Lemberg said Wednesday he relayed all settlement offers to his client.

"It would have been unethical and inappropriate not to have done that," Lemberg said. "It's a free country and he can sue if he wants. But we kept our client informed every single step of the way."

The defense maintained throughout that it operated within the terms of the warranty.

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