New York Man Seeks Class-Action Status in Suit Against Apple

Bob Preston
SAN JOSE, Calif. — A New York citizen is suing Apple Inc. because of problems he's encountered with his PowerBook G4, and he's seeking class-action status for his case.

New Yorker Giorgio Gomelsky first ran into trouble with his PowerBook when he tried to add more RAM to it to help it run faster. He wasn't able to because of a faulty memory slot.

Apple had already acknowledged problems with the PowerBook's memory slots and had in 2006 established a free repair service called "PowerBook G4 Memory Slot Repair Extension Program." Apple offered to repair all PowerBooks that fell within a certain range of serial numbers. The free repair program ended on July 24, 2008.

Gomelsky met Apple's time deadline – his laptop woes started in 2006, two years after he bought his laptop. In 2006, Gomelsky added 1GB of extra RAM to his computer, only to find that its performance got worse.

"Computer functioning did not improve, and was in fact worse than when Plaintiff's computer had less memory installed," the suit reads. "It was at this time that Plaintiff realized that his PowerBook's upper memory slot was defective."

He brought his laptop to Apple, which declined to repair it because it didn't fall into the range of protected serial numbers.

Along with class-action status, Gomelsky wants to be reimbursed for the cost of repairs and other compensation.

According to, the Apple PowerBook has a "checkered history" that includes the recall of 1.8 million batteries. Apple has since replaced the line with the Intel-powered line of MacBook Pro laptops.