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Jon Ethan Lewis

Jon Lewis’s Answers

381 total


  • Do I have the right to another new car when my car had damage from the dealership?

    I bought a brand new car. Just before leaving the dealership we noticed scratches in the paint. The salesman said no problem I am sure we will take care of it. I had him call the manager seeing as while we were signing paperwork everyone was leavi...

    Jon’s Answer

    If this was a brand new vehicle, I would say yes. There are several theories you may pursue: Revocation of acceptance under the Alabama Uniform Commercial Code, breach of warranty, potential lemon law, and violation of the deceptive trade practices act:

    Section 8-19-5
    Unlawful trade practices.

    (22) In selling a new motor vehicle, failing to disclose material damage to the motor vehicle as prescribed hereafter:

    a. Each manufacturer, importer, or distributor of new motor vehicles sold or transferred to a motor vehicle dealer in this state, shall notify the motor vehicle dealer in writing prior to delivery of the vehicle of any material damage to the vehicle which is known to the manufacturer, importer, or distributor, and which was sustained or incurred by the motor vehicle at any time after the manufacturing process is complete but prior to delivery of the vehicle to the dealer.

    b. In selling a new motor vehicle, each motor vehicle dealer in this state shall notify the purchaser in writing at the time of sale of any material damage to the vehicle which is known to the motor vehicle dealer and which was sustained or incurred by the motor vehicle at any time after the manufacturing process is complete, but prior to delivery of the vehicle to the purchaser.

    c. For purposes of this section, "material damage" means damage sustained or incurred by a motor vehicle, whether corrected or uncorrected, which cost to repair exceeds three percent of the manufacturer's suggested retail price of the vehicle based upon the dealer's retail repair cost or the sum of $500, whichever is greater. Damage to tires, glass, bumpers, and in-dash audio equipment shall not be considered in determining the cost of repair if those components are replaced by identical manufacturer's original equipment. The failure of a manufacturer, importer, distributor, or motor vehicle dealer to give notice of damage below the threshold constituting "material damage" shall not provide grounds for revocation of the sale nor shall such failure constitute a material misrepresentation or omission of fact.

    d. Each manufacturer, importer, or distributor of new motor vehicles shall indemnify and hold harmless the motor vehicle dealer obtaining a vehicle from the manufacturer, importer, or distributor from and against any liability, including reasonable attorneys' fees, which the motor vehicle dealer may have to the purchaser of the vehicle as a result of damage to the new motor vehicle which was known to the manufacturer, importer, or distributor, which occurred prior to delivery of the vehicle to the dealer, and which was not disclosed in writing to the dealer prior to delivery of the vehicle. This indemnity obligation of the manufacturer, importer, or distributor shall apply regardless of whether the damage constitutes "material damage" as defined herein.

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  • I have developed sickness, in the present from using a chemical at a company, where I worked for 13 yrs. Can I sue the chemical

    Company or and the company where I worked

    Jon’s Answer

    It depends on whether a doctor will relate the problems with the chemical. Also, the time frames are critical.

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  • Can I sue Amazon.com for fraud.

    I bought a car through a third party and used the Amazon a to z buyers protection program. I spent $2500 to have it shipped from their warehouse in Jackson Mississippi to me in Jasper AL. I have yet to receive my car or my money ba...

    Jon’s Answer

    You can basically sue anyone for anything. The real questions are can you win and would it be economical to pursue.

    An attorney would have to see the agreement for Amazin's service which you used as well as documentation regarding the transaction in order to evaluate the potential case.

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  • Statue of limitations has expired but my wife set up a payment plan, can she cancle the plan and not pay?

    My wife had a credit card in Texas that she defaulted on over 4 years ago,  the last payment she made was well over 4 years ago. She was recently called by a collection agency by the name of Convergent Outsourcing,  she told them she would set up ...

    Jon’s Answer

    I don't know Texas law, but in Alabama, your statute of limitations is most likely 6 or 10 years. It's a contract your wife signed, not open account if it's a credit card. If it was signed "under seal", it's a 10 year statute of limitations. If she paid on the debt, she acknowledged the debt and extended the statute. However, since the original contract was signed in Texas, the Texas statute of limitations probably governs, but it is complicated by the fact that the most recent agreement was entered into in Alabama.

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  • How many years back can you reopen a malpractice case?

    I took my brother to the doctor with fluid on his lungs 3 days in a row and he was sent home every time and on the 3rd day he passed away at home.

    Jon’s Answer

    The statute of limitations is two years from the date of the injury.

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  • Medical attorney

    My wife had pain block in neck and ended up with staph? Infection 2 days later and almost died. Dr said it was where they gave injection it was size of golf ball wraped around her spine. She passed away sept if 2014. Im still not hearing anyone ta...

    Jon’s Answer

    I'm so sorry about your wife. These are very difficult cases? Is there any evidence of what caused the infection? Have any medical personnel reviewed the records? How old was your wife? Where did this occur? Was there an autopsy? Have any attorneys reviewed the case? You have a limited time to pursue this matter so you must act quickly.

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  • I need a good attorney that practice Law in the State of Alabama and Mississippi

    Injury on the job and malpractice

    Jon’s Answer

    Difficult to answer or recommend attorney without knowing more facts. We are licensed in Alabama.

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  • Is there a law that can get me out of a lean on a car.

    I purchased the car on 6/2, on 6/9 I had to have the car towed back to the dealership for abs and traction lights. It's a 2011 jeep wrangler.

    Jon’s Answer

    It depends on what you signed. Is there a warranty? Did you purchase the vehicle "as is"? There are certain laws which might govern your situation: Federal Magnuson Moss Warranty Act and the Uniform Commercial Code with its revocation of acceptance provision are two that come to mind. The Alabama Lemon Law applies to new cars only within the first year or 12,000 miles, whichever comes first.

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  • What do I need to do?? Can I sue ?

    I had a 3 car accident and I have my license and insurance. The person who caused the accident does not have a license but she has insurance. Her insurance company is trying to make it seem like they don't have to pay for my car to be fixed! My ca...

    Jon’s Answer

    Were you injured? If the other driver did not tell the insurance carrier that he/she didn't have a license, the insurance company could void their coverage based upon a misrepresentations. The other driver is still liable, but the insurance company may not be. If you have collision coverage and Uninsured Motorist coverage, you might be better off simply pursuing your own insurance company and let them go after the other driver for subrogation.

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  • Do I need a medical malpratice lawyer?

    I was shot in the upper part of my thigh which caused a femur fracture and my femur bone was replaced with a rod. But the doctors left the bullet in my leg and the bullet has started to come out of my leg and I can see the actual bullet. The surge...

    Jon’s Answer

    Unless a physician testifies that this was a breach of the standard of care, you would not have a malpractice claim. Further, the damages are probably not enough to warrant such a claim. Typically, damages in medical malpractice cases involve catastrophic injuries such as paralysis, death or amputation.

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