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Consumer Law
Song-Beverly Act
Breach of Automobile Warranty

Herbert Sanders, Christine Sanders v. Ford Motor Co.

Published: Oct. 30, 2014 | Result Date: Apr. 2, 2014 |

Case number: BC484666 Verdict –  $40,413

Court

L.A. Superior


Attorneys

Plaintiff

Mark O'Connor

Steve B. Mikhov
(Knight Law Group LLP)


Defendant

Douglas D. Guy
(Gates, Gonter, Guy, Proudfoot & Muench)


Facts

Herbert Sanders and Christine Sanders sued Ford Motor Co., in connection with their purchase of a new 2012 Ford Fusion.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that on Oct. 1, 2011, they purchased a new 2012 Ford Fusion. However, the car suffered from serious defects and nonconformities, including engine and transmission problems. The issues plaintiff's encountered with the car were still under warranty so plaintiffs brought the vehicle back to defendant for repairs. However, despite several attempts to repair the vehicle, the issues persisted, prompting plaintiffs to sue defendant asserting claims for violations of the Song-Beverly Act and the Magnuson-Moss Act.

DEFENDANT'S CONTENTIONS:
Defendant filed a motion for nonsuit, arguing that plaintiffs failed to meet their burden of proving the measure of their alleged damages.

Result

The jury rendered a verdict in favor of the Sanders and awarded them $25,413 in compensatory damages, plus $15,000 in punitive damages.


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