DaimlerChrysler Corp. v. Smelser, 375 Ark. 216

Summary

The Supreme Court of Arkansas affirmed a judgment awarding Gaylord Smelser damages, attorney's fees, copy costs, and mileage expenses under the Arkansas Lemon Law. The court held that the evidence supported the finding that the parties had not formed an enforceable settlement agreement and that the statute authorized recovery of reasonably incurred copy costs and mileage expenses.

Holdings

1. The circuit court did not clearly err in finding that no enforceable settlement agreement existed because the evidence showed conflicting understandings concerning the settlement terms and whether Smelser authorized or assented to them.
2. Arkansas Code Annotated section 4-90-415(c) permits a prevailing consumer to recover reasonably incurred copy costs and mileage expenses connected with commencing and prosecuting an Arkansas Lemon Law action.

Questions Presented

1. Whether the circuit court clearly erred in finding that the parties had not formed an enforceable settlement agreement.
2. Whether Arkansas Code Annotated section 4-90-415(c) permits a prevailing consumer in an Arkansas Lemon Law action to recover reasonably incurred copy costs and mileage expenses.

Disposition

affirmed