Attorney drops case against Mercedes

By Steve Korris | May 6, 2010


CHARLESTON – Charleston lawyer Michelle Hoosier and Mercedes-Benz U.S. International quickly resolved her complaint of defects in an R350 she bought.

On April 26, U.S. District Judge Joseph Goodwin announced a pending settlement and removed from his docket a case that reached him on March 19.

Hoosier sued in Kanawha Circuit Court in February, alleging electrical problems.

"On at least three occasions Hoosier's R350 would fail to start, or even open, due to the issues with the battery," Adrian Hoosier of Hurricane wrote on behalf of Michelle Hoosier, who is his wife.

Michelle Hoosier sought a refund, repair costs and damages for annoyance, aggravation, breach of duty and loss of use.

She sought legal fees, court costs and interest.

For Mercedes-Benz, Harry Bell and Jonathan Price of The Bell Law Firm in Charleston removed the suit to federal court on March 19.

They invoked diversity jurisdiction because the company operates out of Alabama.

Bell wrote that an entity other than the car company caused her damages, if any.

He also wrote that she sued before writing to the company.

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