DaimlerChrysler Corp. v. Smelser, No. 07-1006
Plaintiff sought recovery under the Arkansas Lemon Law for his purchase of a new Dodge truck that subsequently had significant transmission problems. After a successful trial, plaintiff petitioned the trial court for recovery of fees and costs under Ark. Code Ann. 4-90-415(c). In addition to attorney’s fees allowed under the Arkansas Lemon Law, plaintiff sought to recover copy costs and mileage expenses in the amount of $197.50. The trial court agreed that these expenses were recoverable.
On appeal, the Arkansas Supreme Court also agreed that the expenses were recoverable. The court noted that the purpose of Ark. Code Ann. 4-90-415 was to make a prevailing consumer whole. However, because the statute required a trial court to find that the “fees and expenses” were reasonably incurred in connection with the lawsuit, plaintiffs were unlikely to receive a windfall under the provision.
