Hey, there! Log in / Register

Court rules you don't need a mechanic to prove your new vehicle is a lemon - just all the receipts from failed repair attempts

A man who bought what turned out to be a dud of a Ford F-150 in 2010 does not have to hire an expert to prove the truck was crap from the get-go - all the warranty and repair invoices from dealer service centers are enough to prove that, the Massachusetts Appeals Court ruled today.

The ruling does not mean that Thomas Gliottone gets reimbursed under the state Lemon Law by Ford - and a Ford dealership - for the cost of the truck and the $8,000 supercharger the dealership installed - but that he gets to make his case to a jury.

A Superior Court judge had tossed his lawsuit after agreeing with Ford that he had failed to provide any proof from an automotive expert to support his case. In its ruling today, the appeals court gave the legal equivalent of a sigh and essentially said: Come the hell on. It pointed to all of the receipts Gliottone had that showed he'd repeatedly bought the truck back to the warranty dealer Ford recommended and that each visit left his truck in no better shape than before, with problems that included failing to start or losing power when it did and then stalling on the road.

Some examples - all of which started just three weeks after buying the truck and despite paying an extra $8,038.68 for a supercharger the dealer said Ford had recommended to cure all the problems, which it didn't:

Gliottone then returned to Tasca on June 1, 2011, because, again, the truck would crank but not start. Tasca kept the truck until June 24 and replaced the fuel pump.

Gliottone again returned to Tasca on August 3, 2011, this time because, when he drove the truck, the hill descent light would illuminate and the truck would lose power. It would also idle "rough." After also discovering problems with the accelerator pedal, Tasca eventually replaced a power control module. The truck was out of service until September 30, 2011.

Another invoice shows that the truck was serviced between November 21, 2011, and December 12, 2011, because the wrench light illuminated and there would be a power loss, precisely the issue that first had plagued the truck.

In addition to fighting on the "expert" issue, Ford specifically battled on the question of the supercharger, which it said was a modification not covered by its warranty.

The court disposed of Ford's arguments by looking at Gliottone's documentation.

At most, three weeks after Gliottone purchased the vehicle, which had at most 1,461 miles on it when first repaired, the vehicle was unable to start, stalled, and lost power. The relevant invoice showed that the supercharger was installed for "engine repair." A rational juror, given this information, clearly could conclude that the vehicle was defective or had a malfunction when sold. ...

Nor are the defendants correct that Gliottone needed an expert to negate the statutory affirmative defenses that the nonconformity was the result of an "attempt to repair the vehicle by a person other than the manufacturer, its agent or authorized dealer," or of "any attempt substantially to modify the vehicle which was not authorized by the manufacturer." ... While Ford does claim that the supercharger caused many of the issues that induced Gliottone to return to Tasca and that it was an unauthorized repair, these are disputed facts. A reasonable juror could conclude, without expert testimony, that problems that persisted unabated before the supercharger was installed, while it was in the truck, and after it was removed were not caused by the supercharger. A reasonable juror could also infer from the relevant Tasca invoice, Tasca's representations to Gliottone, Ford's actions in sending Gliottone to Tasca to repair the vehicle before and after the supercharger was installed, and Ford's continued payment for warranty services after the installation of the supercharger despite having no obligation to do so under the warranty if the malfunctions were caused by a "modification," that the installation of the supercharger was an authorized repair rather than an unauthorized one or a modification. Tasca appears to argue that Gliottone required expert testimony to demonstrate that the alleged nonconformity "substantially impaire[d] the use, market value or safety" of the truck. A jury does not need an expert, however, to explain that not starting, stalling, and losing power substantially impair the use, market value, or safety of a vehicle.

Topics: 
AttachmentSize
PDF icon Complete Lemon Law ruling81.64 KB
Ad:

Comments

Trotter: Ok, ok. But does being an ex-mechanic necessarily qualify you as being an expert on tire marks?

Ms. Vito: No. Thank you. Goodbye.

Judge Haller: Sit down and stay there until you're told to leave.

Vincent Gambini: Your Honor, Miss Vito's expertise is in general automotive knowledge. It is in this area that her testimony will be applicable. Now if Mr. Trotter wishes to voir dire the witness as the extent of her expertise in this area, I'm sure he's gonna be more than satisfied.

Judge Haller: Ok.

Trotter: Alright, alright. Now, Miss Vito, being an expert on general automotive knowledge, can you tell me what would be the correct ignition timing on a 1955 Bellaire Chevrolet with a 327 cubic engine and a 4-barrel carburetor?

Ms. Vito: It's a bullshit question.

Trotter: Does that mean that you can't answer it?

Ms. Vito: It's a bullshit question. It's impossible to answer.

Trotter: It's impossible because you don't know the answer!

Ms. Vito: Nobody could answer that question!

Trotter: Your Honor, I move to disqualify Miss Vito as an expert witness.

Judge Haller: Can you answer the question?

Ms. Vito: No. It is a trick question.

Judge Haller: Why is it a trick question?

Vincent Gambini: [to his clients] Watch this.

Ms. Vito: 'Cause Chevy didn't make a 327 in '55. The 327 didn't come out til '62. And it wasn't offered in the Bellaire with the 4-barrel carburetor til '64. However, in 1964 the correct ignition timing would be 4 degrees before top dead center.

Trotter: Well, uh, she's acceptable, Your Honor.

up
Voting closed 31

I give this guy credit for sticking with this case all these years. And a raspberry to Ford for continuing to fight this for all these years, instead of just giving the guy a new truck.

up
Voting closed 34

Fix
Or
Repair
Daily

Found
On
Road
Dead

up
Voting closed 15

The dealers used to say it was "First on Race Day"
The 1964 Town & County wagon we had sucked.

up
Voting closed 7

I've owned three Fords and one Honda. Not counting basic maintenance and wear and tear items, which have been comparable for all four cars, the Honda cost me more in parts and labor (for stuff I wasn't able to fix myself) than the three Fords combined.

up
Voting closed 10

“supercharger the dealer said Ford had recommended to cure all the problems”

up
Voting closed 10

They should have put in nitrous.

And a jet pack.

up
Voting closed 6

in the bed of the truck.

up
Voting closed 2

is a famed Ford speed shop. Old timers with restored Ford Muscle cars seek out and buy old Tasca dealership badges for street cred, they are even available in Antique Ford part catalogs.
Either their service department has devolved into total crap or that truck was indeed a POS when it left the factory. Maybe a combo of the two.
I almost lean toward the former, as supercharging an engine has never, and never will, "fix" anything that is wrong with a vehicle. If that was deemed to be their best course of action to repair a power issue, not sure what the technician/mgmt was thinking, there is really NO logic in that train of thought.

up
Voting closed 9

Buy a Tundra next time

up
Voting closed 2