36. Plaintiffs re-allege and incorporate by reference as though fully set forth herein, all paragraphs of this Complaint set forth above.
37. Pursuant to O.R.C. §1345.73(A), Plaintiffs have presented the 540i to Lessor and/or an authorized service dealer of Manufacturer on at least three (3) occasions for the same defect within the first twelve months or first eighteen thousand miles of ownership, and the nonconformity continues to exist.
38. Pursuant to O.R.C. §1345.72(B), Plaintiffs are entitled to a refund of the full lease price of the vehicle, including all collateral charges and finance charges, and/or a replacement vehicle, plus all attorney fees and costs.
WHEREFORE, Plaintiffs, JOHN R. SAIN, III and ELENA SAIN, pray for judgment against Manufacturer as follows:
a. Return of the 540i's lease price and all incidental and consequential damages incurred by Plaintiffs;
b. Return of all finance charges incurred by Plaintiffs for the 540i;
c. All reasonable attorneys' fees, witness fees, court costs and other fees incurred by Plaintiffs; and
d. Such other and further relief that this Court deems just and appropriate.
Plaintiffs demands trial by jury on all issues in this action, except for any issues relating to the amount of attorneys' fees and litigation costs awarded should Plaintiffs prevail in this action.
Ronna S. Lucas
Attorney for Plaintiffs
David B. Levin
Ohio Registration No. 0059340
Steven L. August
Ohio Registration No. 0059886
Ronna S. Lucas
Ohio Registration No. 0063304
Attorneys for Plaintiffs
Krohn & Moss, Ltd.
2101 Richmond Road
La Place Mall
Beachwood, Ohio 44122
120 W. Madison Street, 10th Floor
Chicago, Illinois 60602