JUPITER, Fla. - At 86-years-old, Walter Melnyk is taking on a giant... Volkswagen.
"I'm just a small guy going against a multi-million dollar company," Melnyk said. "They deceived the consumer which I don't think is right."
Volkswagen was caught cheating on emissions. The EPA said the vehicles don't run as clean as advertised. That's a big concern for Melnyk who already has breathing problems.
"I'm worried about my health," Melnyk explained.
Volkswagen's offer to customers includes free roadside assistance, a $500 Visa card, and a $500 dealer credit.
That left Melnyk feeling sour.
"The car is under warranty so how much money can I spend at Volkswagen?" Melnyk questioned as he laughed. "It's not a good offer."
So Melnyk filed a Florida Lemon Law claim. It's an option for Florida drivers who feel a defect in the car impacts safety, use or value. Melnyk's claim was accepted, but now VW is trying to block the case. They're taking Melnyk to court and burying him in legal documents.
"This could open a can of worms for them," Melnyk said.
"This is David versus Goliath in a big way," NewsChannel 5 Consumer Watchdog Jenn Strathman said.
"In a huge way. I go back to the 48 page brief that was filed," said lemon law attorney Patrick Cousins of Cousins Law Firm.
Cousins has reviewed thousands of lemon law cases, and says what Volkswagen is doing here is rare.
"It's surprising when I read the documents how adamant they are in trying to block the consumer," explained Cousins.