Court reinstates Ky. man's suit over Ford engine
http://www.forbes.com/feeds/ap/2008/07/09/ap519888 [2008-7-18]
Tag : f series
LOUISVILLE, Ky. -
U.S. District Judge Charles Simpson dismissed the suit in 2007,ruling that Ford's actions were not unfair, false, misleading ordeceptive because the changes in the 2004 engine were notsubstantially different from the truck engine Corder received.
The 6th Circuit Court of Appeals in Cincinnati ruled Wednesday thatKenneth E. Corder Sr. of Louisville could pursue the suit againstFord. The court split 2-1 in favor of Corder, finding that underthe Kentucky Consumer Protection Act, Corder suffered an"ascertainable loss of money or property."
"The engine in the 2003 F-250 truck was notorious for widelypublicized deficiencies, including 'leaky fuel injectors, oilleaks, broken turbochargers, wiring harness troubles, faultysensors, defective exhaust gas recirculation valves and badcomputers," Judge William Schwarzer wrote for the panel.
Judge David McKeague said the two-judge majority misinterpretedKentucky's law as it applied to Corder's case.
"Again, I believe the majority takes improper liberties withKentucky law," McKeague wrote.
Marcey Evans, a Ford spokeswoman in Detroit, said the company wasdisappointed with the decision.
"The company agrees with Judge McKeague that it is not misleadingor deceptive not to inform car purchasers about the manufacturinghistory of vehicle components, and that the plaintiff in this case,who is satisfied with his properly performing vehicle, has sufferedno loss. We believe that a jury is likely to reach these sameconclusions as well," Evans said.
LOUISVILLE, Ky. -
U.S. District Judge Charles Simpson dismissed the suit in 2007,ruling that Ford's actions were not unfair, false, misleading ordeceptive because the changes in the 2004 engine were notsubstantially different from the truck engine Corder received.
The 6th Circuit Court of Appeals in Cincinnati ruled Wednesday thatKenneth E. Corder Sr. of Louisville could pursue the suit againstFord. The court split 2-1 in favor of Corder, finding that underthe Kentucky Consumer Protection Act, Corder suffered an"ascertainable loss of money or property."
"The engine in the 2003 F-250 truck was notorious for widelypublicized deficiencies, including 'leaky fuel injectors, oilleaks, broken turbochargers, wiring harness troubles, faultysensors, defective exhaust gas recirculation valves and badcomputers," Judge William Schwarzer wrote for the panel.
Judge David McKeague said the two-judge majority misinterpretedKentucky's law as it applied to Corder's case.
"Again, I believe the majority takes improper liberties withKentucky law," McKeague wrote.
Marcey Evans, a Ford spokeswoman in Detroit, said the company wasdisappointed with the decision.
"The company agrees with Judge McKeague that it is not misleadingor deceptive not to inform car purchasers about the manufacturinghistory of vehicle components, and that the plaintiff in this case,who is satisfied with his properly performing vehicle, has sufferedno loss. We believe that a jury is likely to reach these sameconclusions as well," Evans said.
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