Facts

Plaintiff Daniel Joyce purchased a new 2005 Ford F-250 on Sept. 17, 2005, for $36,324. The vehicle was manufactured by Ford Motor Company (Ford), sold by Corning Ford (defendant dismissed prior to trial), and serviced by non-party dealer, Novato Ford. The truck was subject to repair on various occasions for engine and differential concerns. Joyce brought suit against Ford for breach of warranty under the Song-Beverly Act and the Magnuson-Moss Warranty Act.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Ford, by failing to timely cure the truck's nonconformities and resolve this matter through its customer service department, breached its express and implied warranties under state and federal law. Ford also willfully failed to comply with the Song-Beverly Act.

According to the plaintiff's counsel: Joyce contacted Ford's customer service department on several occasions to express his concerns in an attempt to resolve the matter prior to filing the suit. However, Ford denied the requested relief.

DEFENDANT'S CONTENTIONS:
Ford contended the truck had been fully and timely repaired, as reflected by the warranty claims history, and the information provided by Novato Ford. Ford denied liability under the consumer warranty laws, and further denied any liability for civil penalty, arguing its "reasonable, good faith" conduct is a total bar under the law.

According to defense counsel: Plaintiff Joyce directly contacted Ford on only two occasions, once in late 2005 to make several equipment suggestions only, and the second and last time in early 2008, only raising concerns about the function of the rear differential. Based on the warranty repair information available to it, as well as input from Novato Ford as to the lack of any unresolved concerns, Ford denied plaintiff's buyback request.

Settlement Discussions

At MSC, Plaintiff Joyce's last demand was $100,000, plus unspecified attorney fees and costs. Ford formally offered $10,000. According to plaintiff's counsel: At all times, Ford denied plaintiff's request for restitution.

Result

Verdict for plaintiff for $210,000 compensatory damages, and $300,000 civil penalty, relative express warranty, and $36,324 relative implied warranty, against Ford. The jury found against Ford on both express and implied warranty causes of action, and awarded a civil penalty.

Other Information

According to plaintiff's counsel: The verdict sent a strong message about Ford Motor Company's customer relations policies and showed the jury's distaste with Ford's treatment of its customer. According to defense counsel: In light of the jury's verdict inexplicably going far "beyond the pale" both as to the evidence, and the applicable law, Ford is currently pursuing post-trial motions for new trial and JNOV and, if necessary, will pursue an appeal. FILING DATE: May 5, 2008.

Deliberation

six hours

Length

20 hours