Marshall Dennehey attorney successfully defended an auto manufacturer after a five-day jury trial in Burlington County, New Jersey. The plaintiff alleged a violation of the New Jersey Lemon Law, as well as breach of express and implied warranties, in connection with her lease of a vehicle she claimed to be substantially unsafe as a result of erratic shifting. Two different dealers were unable to find a problem with the way the vehicle shifted gears, but each performed customary software updates to the vehicle on all but one occasion. The vehicle was equipped with a nine-speed transmission, which is relatively new to the automotive industry. The defense was able to explain to the jury the benefits of a nine-speed transmission and why it shifts differently from other vehicles. We successfully argued that modern day vehicles are, to some extent, computers on wheels and that the software updates performed were not repairs, but, rather, regular updates similar to those on one’s smartphone or personal computer. In addition, we were able to preclude the plaintiff’s expert at trial, resulting in a directed verdict with regard to the plaintiff’s breach of warranty claims. As to the remaining Lemon Law claim, the jury found that the plaintiff had not established a substantial impairment to the use, value or safety of the vehicle, especially considering the fact that the plaintiff had accumulated over 18,000 miles per year during each of the first two years of the lease period. The jury returned a defense verdict in less than 30 minutes.