Nov 3, 2009 12:00 pm US/Eastern
California Student Wins Laptop Lawsuit Against HP
Kevin Wick Awarded Nearly $5,000 For Faulty Personal PC
SAN FRANCISCO (CBS) ―
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Kevin Wick successfully filed a lawsuit against computer giant Hewlett-Packard over a faulty laptop.
CBS
College student Kevin Wick says his brand new Hewlett Packard laptop didn't perform as promised. So, after 9 months of trying to fix it, Wick filed a lawsuit against the computer giant in small claims court.
Wick looks like a gentle guy, but he knows how to fight.
Last year, the 19-year-old San Jose State student needed a reliable laptop. So, he purchased a Hewlett Packard Pavilion DV-97000 model for $1,641, including tax.
"It was one of their top-of-the-line models of the 17 inch laptop. I didn't want any problems," Wick told CBS station KPIX-TV in San Francisco.
But, Kevin said he was disappointed with the laptop's performance. He said within a month, the machine started overheating.
"It was getting really hot in my lap, hot enough to burn, and I thought there was something a little wrong with that," Wick recalled.
Kevin said a few months later, the machine started crashing.
"Whatever I was working on at the time, even if it was a 10 page essay, it was just gone." Wick recalled.
Wick said he called and wrote Hewlett Packard numerous times to complain, but said the company couldn't fix the problem. So, after 9 months, Wick filed a lawsuit against H.P. in small claims court in San Mateo County.
"I used the Internet a lot. I did a lot of research. It was really as easy as going on line and filling out some forms," he said.
Wick also paid $50 in court filing costs. He enlisted his girlfriend Lena Jones as his process server. Jones also helped Wick put together a binder detailing his experiences with the computer, including a timeline, copies of his complaints to the company, and copies of his receipts.
Wick got his day in court on June 15, 2009. His parents were out of the country, so Wick's grandparents came along for moral support. H.P. sent a representative, but not a lawyer. Lawyers aren't allowed in small claims court.
"It's nothing like Judge Judy. I wish it had been," Kevin recalled.
A few months later, Wick got the verdict in the mail. Wick won a total of $4,455 -- double the cost of the computer, plus extra for the equipment he bought trying to make it work, reimbursement for his court costs and interest.
"I wanted to win one for the little guy," Wick said.
Hewlett Packard declined to comment for this story.
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