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Contracts
Breach of Warranty
Non-conforming Goods

Fred Anderson v. Ford Motor Company

Published: Oct. 11, 2001 | Result Date: Jun. 27, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 00CC14584 Verdict –  $0

Judge

James P. Gray

Court

Orange Superior


Attorneys

Plaintiff

Delia Metoyer

Martin W. Anderson


Defendant

Brian Takahashi
(Bowman and Brooke LLP)

Sonja Starins


Experts

Plaintiff

Richard L. Bettendorf
(technical)

Defendant

William Schramm
(technical)

Facts

On March 27, 1998, plaintiff Fred Anderson purchased a 1998 Ford Explorer from Joe McPherson Ford. Over
the course of the next 33 months, the plaintiff and his family members experienced an intermittent humming
vibration noise while turning left at slow speeds only. The vehicle was brought into Ford dealerships on seven
occasions with complaints about the noise.
During Thanksgiving week in the year 2000, a local Ford dealership recommended the
replacement of the rack and pinion steering, but this repair was not performed because the
plaintiffÆs son needed to return up north to the Bay Area before the repair could be performed.
Ultimately, the plaintiffÆs son brought the vehicle to a Ford dealership in the Bay Area which
performed a Technical Service Bulletin repair rather than the rack and pinion replacement
recommended by the previous Ford dealership.

Settlement Discussions

The plaintiff claimed that his damages were $37,128, plus attorneys fees.

Damages

The plaintiff claimed that his damages were $37,128, plus attorneys fees.

Other Information

The plaintiff was represented by his son.

Deliberation

two hours

Poll

9-3 (non-conformity), 12-0 (no breach of express warranty), 12-0 (no breach of implied warranty)

Length

four days


#110008

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