Pasquale Venezia v. Bentley Motors, Inc.

MEMORANDUM

Bentley raises several issues in its appeal from a judgment based on a jury verdict in Venezia’s favor under Arizona’s lemon law. We affirm.

Bentley first argues that it is entitled to judgment as a matter of law. We review the district court’s ruling de novo, considering whether “the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict.” Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir.2002).

Liability under Arizona’s lemon law arises if a vehicle fails to conform to its warranty after a “reasonable number of attempts.” Ariz.Rev.Stat. Ann. § 44-1263(A); see also Hull v. DaimlerChrysler Corp., 209 Ariz. 256 , 99 P.3d 1026, 1027-28 (Ariz.Ct.App.2004) (“[I]f the vehicle cannot be timely repaired, the consumer is entitled to either a replacement vehicle or a refund of the purchase price.”). The number of attempts that is reasonable is for the jury to decide; the statute neither allows for strict liability after a given number of attempts or days out of service nor precludes liability if a vehicle finally conforms to its warranty at the end of the lemon-law period.…