This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Construction Law
Automobile Purchase
Automobile Parts and Repair Estimate

Justin Owen v. Ford Motor Company

Published: Mar. 11, 2003 | Result Date: Jan. 17, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 02CC02646 Verdict –  $0

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

William R. McGee


Defendant

Darren P. Johnson
(Law Office of Anthony T. Schneider)

Brian Takahashi
(Bowman and Brooke LLP)


Experts

Plaintiff

James Hughes
(technical)

Defendant

William Schramm
(technical)

Facts

On May 28, 2001, the plaintiff purchased from Honda Santa Ana a used 2001 Ford Mustang convertible with 27,118 miles on its odometer. Before the expiration of his three year/36,000 mile basic warranty, the plaintiff took the car into Ford authorized dealerships on four occasions for an intermittent "clunk" noise upon acceleration. The Ford dealerships addressed the plaintiff's concerns by tightening the suspension and replacing the motor mounts. After the fourth repair attempt, the plaintiff wrote to Ford and demanded that it repurchase the vehicle because the noise still existed. Ford denied the plaintiff's request.

Settlement Discussions

The plaintiff's lowest demand was $20,000 with his retention of the vehicle. The defendant's highest offer was $7,500.

Damages

The plaintiff sought $22,343 as compensatory damages, civil penalty and attorney's fees.

Deliberation

3.5 hours

Poll

9-3

Length

three days


#123799

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390