Kevin has over 20 years of experience defending manufacturers and corporations in products liability cases with an emphasis on defending product warranty cases involving claims pursuant to the Pennsylvania and New Jersey lemon laws, breach of warranty, and consumer fraud statutes.
Kevin has represented major manufacturers in a variety of industries including; automobile, boat, recreational vehicles, and homes. He has litigated cases on behalf of warranty and service contract companies.
Throughout his law career, Kevin has tried 75 cases to jury verdict, numerous bench trials, and handled multiple class action suits. Kevin has argued before appellate courts numerous times involving product warranty and consumer fraud issues and has appeared before the New Jersey Supreme Court and Third Circuit Court of Appeals.
Kevin oversees all product warranty cases throughout the firm's Pennsylvania, New Jersey and Delaware offices.
Significant Representative Matters
Palmucci v. Brunswick Corp., 311 N.J. Super. 607, 710 A. 2d 1045 (App. Div. 1998). Holding that manufacturers are entitled to at least one opportunity to cure an allegedly defective product prior to plaintiff filing suit.
Wanetick v. OCT Partnership, 318 N.J. Super. 156, 723 A. 2d 100 (App. Div. 1999). Holding that an ultimate outcome charge must be given to a jury in a consumer fraud case.
Suber v. Chrysler Corp., 104 F. 3d 578 (3rd Cir. 1997). Determining federal jurisdictional issues and stating that a manufacturer cannot be held liable for actions of a dealer absent an indicia of ownership of the dealer in a consumer fraud case.
Poli v. DaimlerChrysler Corp., 349 N.J. Super. 169, 793 A. 2d 104 (App. Div. 2001). holding that there is a two-year statute of limitation in a lemon law claim, and addressing breach of warranty statute of limitation issues.
Wanetick v. Gateway Mitsubishi, 163 N.J. 484, 750 A. 2d 79 (2000). New Jersey Supreme Court ruling holding that an ultimate outcome charge must be given to a jury in a Consumer Fraud Act case; Model Jury Charges amended to reflect this ruling.
Ryan v. American Honda, 186 N.J. 431, 896 A. 2d 454 (2006). Holding that leases are covered in New Jersey under the federal Magnuson Moss Warranty Act.
Divigenze v. Chrysler Corp., 345 N.J. Super. 314, 785 A. 2d 37 (App. Div. 2001), cert. den. 171 N.J. 442, 794 A. 2d 181 (2002). Addressing plaintiff's burden of proof and jury instructions in a lemon law case.
Obtained complete summary judgments dismissing entire cases for multiple automobile manufacturers in numerous cases in New Jersey and Pennsylvania involving the Pennsylvania and New Jersey lemon laws, breach of warranty (Uniform Commercial Code), Magnuson-Moss Warranty Act and consumer fraud statutes.
