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Court Rules Videodisc Recorder Lawsuit Can Go Forward

Posted on: Tuesday, 20 June 2006, 15:00 CDT

By Hugh R. Morley, The Record, Hackensack, N.J.

Jun. 17--A Hawthorne man can pursue a suit against the maker of a videodisc recorder he claims is faulty, a state appellate court ruled Friday.

The court reversed an opinion by Passaic County state Superior Court Judge Glenn Wenzel, who threw out the case filed by Peter J. Lamont.

Lamont, 33, filed suit after he bought a $408 recorder advertised on QVC home shopping television network, court papers show. Several months later, he discovered that the machine recorded only on certain brands of DVD, according to the papers.

Lamont accused the machine's maker, Opta Corp., and several related companies of fraud because they were aware the machine worked with only certain discs, but didn't warn purchasers. He sought class action status for the suit.

The defendants asked Wenzel to dismiss the case, saying Lamont didn't demonstrate an "ascertainable loss."

The company also said that he could not argue that the machine didn't work because he admitted that it worked with some discs.

The appeals court rejected that argument, and allowed Lamont to pursue the case.

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Copyright (c) 2006, The Record, Hackensack, N.J.

Distributed by Knight Ridder/Tribune Business News.

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Source: The Record - Hackensack, New Jersey

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