Each time we waste the court's prescious time, it seems as if Dilly Dally Dan [AKA Attorney Daniel Vierra, representing Route 44 Toyota] drags out M.G.L. 93B [below].
Section 8. (a) Notwithstanding any terms or provisions of a franchise agreement to the contrary, a manufacturer or distributor shall indemnify its motor vehicle dealers and hold them harmless from and against all damages, liabilities, losses, and reasonable expenses of suit, including reasonable attorneys’ fees, arising out of or incurred in the defense of any claim brought by any person seeking compensation or other relief predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof, manufactured or distributed by the manufacturer or distributor where the basis for liability is finally determined by a court to be solely the result of such negligence by manufacturer or distributor and not in any way the result of any fault or neglect on the part of the motor vehicle dealer. The manufacturer or distributor, after having been notified promptly in writing by the motor vehicle dealer that the claim has been asserted and is pending, shall assume the defense thereof and resolve the same at its own expense.
CHAPTER 93BREGULATION OF BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS
It certainly appears that deep-pocketed Toyota U.S.A. will pick up the tab for the legal fees of Route 44 Toyota......so Dilly Dall Dan gets a free ride, billable hours as he prepares for his great court trial....except....
for the ILLEGAL BUSINESS PRACTICE of violating FCRA [Fair Credit Reporting Act] for which Route 44 Toyota is solely responsible.
No wonder they're mad!
They will have to pay to defend their illegal actions.
For additional information:
44 Toyota and FCRA [Fair Credit Reporting Act]
44 Toyota Violates FCRA
44 Toyota Illegal Business Practices Continue
Toyota: No one is responsible!
Jury’s Decision Was Unanimous Against Toyota in Liability Lawsuit in Minneapolis, MN 2015 - Looks like the jury’s decision was unanimous in the liability lawsuit against Toyota according to a quote in the following article. http://www.prnewswir...
3 years ago