Hanks v. Pandolfo

450 A.2d 1167, 38 Conn. Supp. 447 (1982)

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Hanks v. Pandolfo

Connecticut Superior Court, Appellate Division
450 A.2d 1167, 38 Conn. Supp. 447 (1982)

  • Written by Heather Whittemore, JD

Facts

The Hankses (plaintiffs) purchased a refrigerator from Peter J. Pandolfo (defendant) and received a refrigerator with a dent. The Hankses filed a lawsuit against Pandolfo in Connecticut state court, alleging that Pandolfo had violated various state and federal laws, including the Consumer Products Warranties Act (CPWA), also known as the Magnuson-Moss Warranty Act, by selling the dented refrigerator. Throughout the litigation, the Hankses were willing to settle their case for $900 in damages plus $750 in attorney’s fees. The trial court granted summary judgment for the Hankses, holding that Pandolfo had violated the CPWA. The court awarded $450 in attorney’s fees despite the Hankses’ attorney testifying that her services to the Hankses were worth $2,825. The Hankses appealed.

Rule of Law

Issue

Holding and Reasoning (Covello, J.)

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Casebooks

Consumer Law

Key Terms

  • Judicial discretionA court’s authority to make a decision, based on an exercise of judgment and guided by legal principles and context, where a claimant is not entitled to a particular decision.
  • Attorney’s FeesThe compensation that a client owes his attorney for legal services rendered in or out of court, which an opposing party may be required to pay in certain circumstances.
  • Magnuson-Moss Warranty Act (MMWA)[15 U.S.C. § 2301 et seq.] A federal statute governing warranties on goods and providing for consumer protection from warranty-related fraud.

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