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Monday, October 1, 2007

Aston Martin Is Subject of Missouri Lemon Law Suit

Sunset Hills, Missouri — Secret agent James Bond relied upon his Aston Martin Vanquish automobile, down to its machine guns, in the 2002 movie "Die Another Day."

But Gary Mathes of Sunset Hills, who presumably has no weaponry on his, says in a lawsuit that he cannot get even the basic systems to work dependably. He is demanding return of the $258,300 he paid for it.

Mathes is suing the vaunted British maker of high-performance luxury cars under Missouri's "Lemon Law."

Specifically, he claims that the 2006 model he bought in February 2006 has problems the dealer can't or won't fix. The suit says he reported problems on at least 12 occasions in the 11 months after purchase — involving the engine, windows, brakes, fuel system, accessories, electrical system, body and "noises." I

n addition to the Lemon Law, Mathes is suing under federal and state laws covering warranties and state consumer protection law.

The case was moved this week to federal court in St. Louis after originally being filed in April in St. Louis Circuit Court.

Mathes' lawyer said the company cannot replace the Vanquish, as only a limited number are made each year. The dealer has said it's not willing to offer a refund "at this point," he said.

Aston Martin's response, filed in court Friday, denies the allegations. A lawyer for the company did not return a call seeking comment, and the company did not respond to an e-mail. It was a division of Ford Motor Co. at the time Mathes' car was built.

The dealer was not named as a defendant and is not identified in the suit.

Public records show Mathes is a retired engineer. Mathes could not be reached.

Aston Martin's website says only a few hundred Vanquish models were built each year. The model has been discontinued.

Under Missouri's Lemon Law, vehicle owners have to report problems or defects in writing to the manufacturer, which gets a "reasonable" number of attempts to fix the problem. If the problem hasn't been fixed after four trips to the dealer, or if the vehicle has been out of service for more than 30 working days for a problem under warranty, the manufacturer can either offer a cash refund or an acceptable vehicle of comparable value.

R. Patrick - St. Louis Post Dispatch - 9/29/07

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