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Mr. Yellen, a 32-year-old real estate agent was driving his 1988 Audi 90 westbound on the Ventura Freeway. As he exited an off-ramp, he sideswiped a vehicle, struck the curb and then sideswiped another vehicle before crashing into a light pole at the bottom of the ramp. Prior to the accident, Mr. Yellen had on six occasions taken his vehicle to an Audi dealer with complaints that his brakes were not operating properly. After the accident, a plastic T-fitting, which controls the vacuum power assisted brakes was found to have been eroded.

Mr. Yellen sustained brain damage from bifrontal hemorrhage contusions, left frontal lobe contusions, as well as multiple fractures to his left ankle/foot left arm and face.

Mr. Yellen contended that the erosion of the T-fitting resulted in the failure of the power assisted braking system which prevented the car from stopping. Mr. Yellen also pursued a novel lemon law claim in hopes of having any verdict rendered in his favor increased by a factor of 3.

Mr. Winterman’s clients admitted that they did not have an explanation for the erosion of the T-fitting but denied that such erosion would cause a brake failure.

After a five-week trial a Van Nuys, California jury returned a defense verdict. Mr. Winterman’s clients were awarded their costs. Plaintiff resolved the matter by paying Mr. Winterman’s clients $25,000 and dismissing his appeal.

Plaintiff was represented by Fred Rucker and Jonathan Justman.