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MEMORANDUM
FACTUAL BACKGROUND
1. Based on the said demand letter written by CBI PHILIPPINES to our behalf
they wrote in their letter that said company purchased at our clients
dealership company SFM SALES- a car dealership affiliated with
MITSUBISHI MOTORS PHILIPPINES CORPORATION a brand new white
4x2 AT MONTERO SPORT VEHICLE with Plate No. VED-598 amounting
to ONE MILLION FOUR HUNDRED FIFTEEN THOUSAND TWO
HUNDRED PESOS (1,415,200,00) last June 15, 2012. Said unit was
delivered and assigned to CBI PHILS OPERATIONS MANAGER
ROMULO UY for his personal and business use.
2. Said vehicle was nearly six months old and with only 17,047 used
mileages, it was alleged in said complaint that last March 10, 2013 Mrs.
Merlinda Uy ( WIFE OF OPERATIONS MANAGER ROMULO UY)
suddenly experienced an unintended acceleration of the MONTERO
SPORT VEHICLE at the car park of Budget Lane Supermarket in
Batangas City.
3. Mrs. Uy started the engine then shifted the gear from park to reverse
mode, and upon release of the hand brake, without yet stepping on the
gas, said vehicle suddenly revved and uncontrollably surged backward at a
high speed on its own. After shifting it to drive mode car again suddenly
revved forward while according to Mrs. Uy her foot was on the brake pedal,
as a result two cars in said carpark was damaged, Mrs. Uy was likewise
injured because airbags did not deploy.
4. On 19 May 2012, lawyers for CBI sent a demand letter to Dealer for the
replacement of the SUV or refund of the full amount of the purchase price.
ISSUE/s OF THE CASE:
5. WON there was Product liability against Mistubishi Motors?
6. WON there is human error on part of said Plaintiffs??
LEGAL CLAIMS/ DEFENSES:
7. CBI has not presented any express warranty nor has it filed an implied
warranty claim for hidden defects from the time the accident occurred.
8.
CBI does not have enough evidence to warrant a conclusion that the
SUV suffers from hidden defects.
Vehicles in the public and social media involving unintended acceleration of said
sport vehicles, Mitsubishi consistently guarantees that the products sold or dealt
with are top of the line, high quality, superior brands that any anomalies or
defects if shown to have been present are remedied or corrected by the
Management or the Company owning said brand.
21. So far, Mitsubishi Motors have not found any hidden defects or anomalies
with these type of car brands because if so, then Mitsubishi Motors being a
known top of the line car brand in our country would ask for a recall of said
vehicles to fix the situation.