Los Angeles, CA (PRWEB) August 18, 2012
World renowned dental implant surgeon Dr. Leon Chen was awarded a jury verdict of $359,064.55 against Vatech America, Inc. (formally known as E-Woo Technology U.S.A.) for breach of contract, breach of express warranty and breach of implied covenant of good faith and fair dealing in connection with the purchase of a defective Picasso Trio X-Ray/CT machine (Los Angeles Superior Court Case No: BC439817). Dr. Leon Chen filed the lawsuit on behalf of his professional corporation, against Vatech after his attempts to have various defects in the Picasso Trio repaired failed. Dr. Chen claimed in the lawsuit that the images produced by Vatech’s Picasso Trio were blurry and fuzzy.
According to court documents, the defense took the position that their machine worked as it was suppose to and the image quality it produced was fine. They even agreed at one point that some of the images were of poor quality but blamed it on user error and Plaintiff’s staff.
In the end the jury awarded Dr. Chen $359,064.55. In reaching the verdict, the jury found that Chen had notified Vatech America Inc. that the Picasso Trio did not have the expected quality and was not fit for the purpose for which the machine was intended. The jury also found the Picasso Trio did not conform to the quality established by the parties’ prior dealings namely the images produced by the machine did not match the images demonstrated to Chen at the time of sale.
Douglas J. Pettibone Chen’s attorney in commenting upon the jury’s verdict in Dr. Chen’s favor stated, “This verdict sends a message to all companies that they need to stand behind their products and not fixing or replacing the machine when someone purchases a warranty is unacceptable.”
As a result of the verdict Pettibone will seek payment of Chen’s out-of-pocket-costs as prevailing party under California Statutes.
Dr. Chen a Harvard graduate and inventor of the revolutionary 5-1 Hydraulic Sinus Condensing Technique that revolutionized the dental implant world has a long list of awards and achievements. According to Pettibone, Chen’s list of humanitarian efforts is as long as his professional accomplishments.
“This was a case about right and wrong” Pettibone later said. “The American jury trial is the best system in the world at arriving at the truth.”
A juror stated after the trial that the defendant’s case lacked creditability and that Chen presented a more credible version of the facts. The judge qualified Dr. Chen as an expert witness.
According to Pettibone Vatech America plans post trial motions and possibly an appeal.