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Ford F350 Pickup Truck

New pickup truck’s engine a dud, purchaser claimed

Settlement:   $40,708.00
Case Type:   Lemon Law, Motor Vehicle - Ford Lemon Law
Case:   Paul McCrea v. Ford Motor Company
Date:   Monday, August 16, 2010
Plaintiff Attorney(s):   Anthony T. Ballato: Massapequa, NY
Defendant Attorney(s):   Jim Dobis, Dobis, Russell & Peterson, P.C., Livingston, NJ
Facts:   In 2008, claimant Paul McCrea purchased a new Ford F350 pickup truck. The purchase included a standard manufacturer's warranty. McCrea claimed that the vehicle's engine began to malfunction in January 2009. He contended that six separate repairs were attempted during the ensuing 15 months, but that the problems could not be corrected. He attempted to return the vehicle, but it was refused by the manufacturer, Ford Motor Co. McCrea sought recovery via application of the New Car Lemon Law, General Business Law article 11-A, ยง 198-a. McCrea's counsel contended that the vehicle's malfunctions constituted a violation of the Lemon Law, which specifies that a vehicle's first 24 months and/or 18,000 miles should not include more than four attempted repairs and/or 30 days in which it is not in service.
Injury:   McCrea claimed that the vehicle's engine did not properly function, and he contended that the malfunctions compromised the vehicle's performance and constituted a material impairment of its value. He sought recovery of the vehicle's purchase price, $41,716.72. He also sought recovery of attorney's fees.
Verdict:   The parties negotiated a settlement. Ford Motor agreed to refund the vehicle's purchase price of $41,716.72, less $3,500 for rebates and/or incentives and $1,660.49 for depreciation and/or usage. McCrea also received $4,152.07 in additional costs. Thus, his total recovery was $40,708.30.

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