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Schurtz (P) purchased a 320i from BMW (D), and the car was defective. P brought these problems to the attention of D and D eventually gave up on trying to fix the car. P sued D for breach of warranty and asked for incidental and consequential damages. D's warranty prohibited recovery of those types of damages. D filed for a summary judgment. P claimed that because the original warranty failed of its essential purpose, incidental and consequential damages were recoverable. The trial found for D on the incidental and consequential damages, and P and D settled the matter, but D was only awarded 1/4 of his attorney fees ($10,000 vs. a request for $44,069.15).

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