Back in 2009, Randy L. Betz purchased a 1999 Cadillac Escalade from Diamond Jim’s Auto Sales. After Mr. Betz allegedly experienced engine problems with the vehicle, he hired an attorney to sue the auto dealer. During the course of the lawsuit, Mr. Betz and the auto dealer settled the case without involving their lawyers. The trial court initially approved the settlement. The lawyer for Mr. Betz objected to the settlement because he would not be eligible to obtain his fees under Wisconsin’s Lemon Law if the auto dealer was not found liable of misrepresentation. The Court of Appeals of Wisconsin agreed and reinstated the lawsuit, holding that the settlement was against public policy because, if parties could settle without their lawyers, lawyers might be unwilling to take fee-shifting cases. Now, the Supreme Court of Wisconsin has agreed to review the case. Please see the Milwaukee Journal Sentinel here for more information about the case.
The Wisconsin products liability lawyers of Samster, Konkel & Safran, S.C. encourage anyone who has been injured to discuss their possible claims with an attorney before reaching any settlement. If you or someone you love has been injured, contact us and our team of personal injury attorneys can help you resolve your possible claims. Don’t settle for less!