Humphreys Wallace Humphreys PC

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Jackie Cooper Imports Guilty of Fraud
On October 29, 2009, an Oklahoma County District Court Jury returned a verdict finding Jackie Cooper Imports guilty of fraud. The jury also found Jackie Cooper Imports acted intentionally and with malice and awarded a total of $332,800 in actual and punitive damages for fraud and negligence.
The trial uncovered a fraudulent business scheme at Jackie Cooper to buy previously wrecked cars at discount prices and to resell them to unsuspecting consumers. Dealership management refuses to tell front line sales employees which cars have been wrecked. Instead, the dealership admitting to instructing its sales staff to say "I dont know" when asked by a customer about the previous wreck history of a used vehicle on its lot.
Brian Pennell saw a 2000 BMW 740i on the Jackie Cooper Imports lot and took it for a test drive. Before buying the car, he returned to the dealership two additional times to check out the car and to be sure he was making a good decision. While at the dealership, he asked the salesman if the car had been wrecked and was told it had not. He asked for and received a Car Fax which showed the vehicle had not been wrecked as well as a "Vehicle Service History" form from the dealership which did not disclose the collision related repair work performed at the dealership.
What Pennell did not know is that the car had been owned by a salesman at the dealership
who had wrecked it and traded it in. The entire front end of the BMW was smashed in and the frame had been bent by the force of the collision. The car had been in the shop numerous times for wreck related body, electrical and mechanical repair work. The salesmans insurance paid over $13,000 for repairs although there was no evidence that all of the repair work had actually been completed.
Jackie Cooper testified at trial that the dealership made no mistakes and treated Brian Pennell as it intended and as any other customer. At trial, the dealer insisted that it sold the car "As-Is" and that Pennell was at fault for buying the car and relying on its sales staff rather than having it inspected by a third party.
Brian Pennell is a pilot and officer in the United States Navy and a graduate of the Naval Academy. He had returned from overseas deployment on the day before he purchased the vehicle and spoke with the dealers employees about his service to our country.
A jury trial is a search for the truth. Even though our civil justice system is often criticized, trial by jury represents the best way to discover the truth. Jurors are people, like you and I. Unlike those who criticize our justice system, an impartial panel of jurors do not bring a financially-motivated agenda to their decision-making. Any reasonable, fair-minded person, whether they be a consumer or business, should not fear placing their dispute in the hands of the jury. We believe that all of the talk about "runaway jury verdicts" is simply misplaced blame, almost always the result of a complete failure by lawyers to understand and explain the truth of their case to the jury. That being said, good lawyers know how to evaluate and settle their cases fairly. There should be no big surprises at trial. You deserve a realistic, truthful and full disclosure of the risks and potential benefits of putting your case before a jury

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