California Lemon Law Verdicts
Lemon Law Associates Wins Landmark Verdict
Donlen VS Ford
We had previously won a decision for our client Greg Donlen against Ford Motor Company. Our client had purchased a new For F-450 Super Duty Truck with a TorqShift transmission. During the course of four months, he experienced issues with the transmission such as erratic shifting and popping out of gear into neutral and blowing out seals.
On the fourth instance, a loud clunking sound was being made. After making a couple of repairs on electronic components, the entire transmission was overhauled due to what was describe as a blown seal. The warranty for the vehicle expired in July 2007 and in July of 2008 an internal seal blew out once again. Our client requested from Ford that they buy back the vehicle under provisions of the Song-Beverly Consumer Warranty Act.
Our client won a judgment of $36,000 for incidental damages and restitution. The presiding judge however decided he would grant a new trial after finding that his prior admittance of a repair past warranty was erroneous and misled the jury which caused undue prejudice to the Defendant Ford.
Speak with a California F-Series Truck Lemon Law Attorney
California Lemon Law protections are enacted one the dealer has been given a "reasonable" number of chances to correct the issue. Ford's stance was that the repair was out of warranty so it should not have to pay, however the appeals court disagreed.
The post-warranty repair was relevant because the issue was of a similar nature to the previous repairs. The repair was deemed necessary because of insufficient repairs while the vehicle was under warranty. The appeals court ruled that the initial decision was not in error and therefore the court should not have granted a new trial. Additionally the original judgment was awarded.
One of the reasons why this case is so important is that it protects consumers against being stalled by automotive companies until their warranty expires. This is a huge victory for California auto purchasers.
If you have purchased a Ford F- Series truck or any other type of vehicle and you feel like that you have been sold a lemon, contact us at 877-955-3666 to find out more information or to schedule a consultation. Let our experience get you out of your lemon and into a working vehicle.