Jones v. Auto Warehouse, Inc.

Full title: JACOB JONES, Plaintiff, v. AUTO WAREHOUSE, INC., Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: May 8, 2013

Civil Action No. 12-cv-00712-BNB-KMT (D. Colo. May. 8, 2013)

Opinion

Civil Action No. 12-cv-00712-BNB-KMT

05-08-2013

JACOB JONES, Plaintiff, v. AUTO WAREHOUSE, INC., Defendant.

Boyd N. Boland

FINAL JUDGMENT

This matter came before the Court and a jury of six, duly sworn, to try the matter on May 6, 2013, by the Honorable Boyd N. Boland, United States Magistrate Judge, presiding. On May 7, 2013, the jury returned its verdict as follows:

VERDICT FORM

Question 1: Did the Plaintiff prove by a preponderance of the evidence that the Defendant violated the Truth In Lending Act by failing to accurately disclose to the Plaintiff the amount financed? ANSWER: YES Question 2: Did the Plaintiff prove by a preponderance of the evidence that the Defendant violated the Truth In Lending Act by failing to accurately disclose to the Plaintiff the finance charge? ANSWER: YES Question 3: Did the Plaintiff prove by a preponderance of the evidence that the Defendant violated the Truth In Lending Act by failing to accurately disclose to the Plaintiff the finance charge expressed as an annual percentage rate? ANSWER: YES If you answered Yes to any of Questions 1, 2, or 3 above, then answer Questions 4 and 5. Question 4: If you answered Yes to Questions 1, 2, or 3, you must award Plaintiff statutory damages in the amount of twice the finance charge assessed on the transaction up to $2,000.00. AMOUNT OF STATUTORY DAMAGES AWARDED TO THE PLAINTIFF: $2,000.00 Question 5: If you answered Yes to Questions 1, 2, or 3, you may award Plaintiff actual damages in addition to statutory damages, in an amount as shown by Plaintiff by a preponderance of the evidence. AMOUNT OF ACTUAL DAMAGES AWARDED TO THE PLAINTIFF: $0_

IT IS THEREFORE

ORDERED that judgment is hereby entered in favor of Plaintiff, Jacob Jones, and against Defendant, Auto Warehouse, Inc., on Plaintiff's claims that Defendant violated the Truth In Lending Act. It is further

ORDERED that Plaintiff is awarded statutory damages in the amount of $2,000.00. It is further

ORDERED that Plaintiff shall have its costs by the filing of a Bill of Costs with the Clerk of this Court within fourteen (14) days of entry of judgment.

DATED at Denver, Colorado this 8th day of May, 2013.

FOR THE COURT:

JEFFREY P. COLWELL, CLERK

______________________

Nel Steffens,

Deputy Clerk
APPROVED BY THE COURT: Boyd N. Boland
United States Magistrate Judge