Bishop

Hyundai Motor America (Hyundai) appeals a judgment awarding Cathy Bishop “Lemon Law” penalties under the Song-Beverly Consumer Warranty Act (the Act), and damages for emotional distress, “loss of use" of her vehicle and certain incidental monetary damages. We conclude Bishop was not entitled to emotional distress damages or damages for “loss of use” of her vehicle during a period in which she incurred no expense or other monetary loss. We reject Hyundai’s contention the court’s error in permitting the jury to consider evidence of Bishop’s emotional distress prejudicially permeated the jurors’ verdict on other issues and conclude its claim of prejudice from any error in the court’s instructing the jury on the element of willfulness as applied to the Act, was waived by Hyundai’s failure to object to the arguably ambiguous instruction. Accordingly, we modify the judgment by striking the awards for “loss of use” and emotional distress. As modified, we affirm the judgment.

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When she was 17 years old, Bishop’s parents signed a purchase contract for a new Hyundai automobile on which she made all ensuing payments. She *754 was the primary driver of the vehicle and while it was…

I respectfully dissent. I agree the trial court erred in admitting evidence concerning and allowing the jury to award damages for emotional distress. I do not agree that doing so was harmless.

Cathy Bishop was a young person. Indeed, she was so young it was necessary her parents sign the purchase contract. Bishop testified the loss of use of her car had a serious effect on her life. She was unable to continue with school since she was without transportation. She was unhappy with the need to make payments on a car she could not use. Bishop stated the lack of a vehicle, the result of Hyundai’s unreasonableness, resulted in a loss of independence to such a degree she eventually did not want to go out. Bishop sought medical care for her lack of sleep and weight loss that she attributed to the stress of dealing with Hyundai. Bishop’s doctor recommended she drop out of school. In argument Bishop’s counsel noted the car was the first one she had purchased, noted Bishop’s youth, argued the incident affected Bishop’s sense of independence, caused her to leave school and resulted in a level of stress that required medical attention.

I conclude it is reasonably probable that had the trial…

WORK, Acting P.J.

Hyundai Motor America (Hyundai) appeals a judgment awarding Cathy Bishop "Lemon Law" penalties under the Song-Beverly Consumer Warranty Act (the Act), and damages for emotional distress, "loss of use" of her vehicle and certain incidental monetary damages. We conclude Bishop was not entitled to emotional distress damages or damages for "loss of use" of her vehicle during a period in which she incurred no expense or other monetary loss. We reject Hyundai's contention the court's error in permitting the jury to consider evidence of Bishop's emotional distress prejudicially permeated the jurors' verdict on other issues and conclude its claim of prejudice from any error in the court's instructing the jury on the element of willfulness as applied to the Act, was waived by Hyundai's failure to object to the arguably ambiguous instruction. Accordingly, we modify the judgment by striking the awards for "loss of use" and emotional distress. As modified, we affirm the judgment.

When she was 17 years old, Bishop's parents signed a purchase contract for a new Hyundai automobile on which she made all ensuing payments. She was the primary driver of the vehicle and…