Jury returns modest verdict in mixed-fault consumer protection suit

A St. Louis County circuit court held a jury trial where a plaintiff sought damages under various consumer protection laws. The jury found the claims wanting and found the defendant partially responsible for just one of the claims, resulting in a verdict that was less than the plaintiff’s legal fees to bring the suit.

The plaintiff, Mary Moss, was represented by attorneys Isaac J. Bressler, Dominic M. Pontello and Theodore Norwood of Pontello, Bressler, Norwood & Associates in St. Charles.

Moss and her attorneys filed suit against Asbury Automotive in St. Louis, claiming that the business damaged the engine of her 2013 Mercedes-Benz S550.

According to her attorneys, Moss took her vehicle to Asbury for an engine wiring harness repair and after this, the engine began to lock up.

Asbury automotive was represented by Corey L. Kraushaar and Maxim D. Van Houtte of Brown & James in St. Louis.

The plaintiff’s attorneys brought claims against the defendant under the Missouri Merchandising Practices Act, breach of warranty and negligence.

The jury ruled in favor of Asbury on two of the claims — the one involving the Missouri Merchandising Practices Act and the breach of warranty — and found the business partially at fault on the negligence claim.

Moss was awarded $28,000 after the jury found her to be 25 percent at fault, and the defendant was 75 percent at fault on the negligence claim.

According to information sent to Missouri Lawyers Media, Moss had over $100,000 in attorneys’ fees and her final pre-trial demand was for $40,000.

The attorneys listed no expert witnesses for either side and neither the plaintiff’s attorneys nor the defendant’s responded to requests for comment.

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Amount of verdict, judgment or settlement: $28,000

Type of action: Consumer protection

Allocation of Fault: Jury verdict for Defendant on the Missouri Merchandising Practices Act claim. Jury verdict for Defendant on the Breach of Warranty claim. Jury found Plaintiff 25 percent at fault, and Defendant 75 percent at fault on the Negligence claim.

Venue: St. Louis County Circuit Court

Case Number/Date: 22SL-CC02316 / 11/19/2025

Judge: Ellen Levy

Injuries: Property damage to the engine of plaintiff’s 2013 Mercedes Benz S550

Last Pretrial Demand: $40,000

Caption: Mary Moss v. Asbury Automotive St. Louis, LLC

Plaintiffs’ Attorneys: Isaac J. Bressler, Dominic M. Pontello and Theodore Norwood of Pontello, Bressler, Norwood & Associates in St. Charles, Missouri.

Defendants’ Attorneys: Corey L. Kraushaar & Maxim D. Van Houtte of Brown & James in St. Louis, Missouri.