Ford Windstar Lemon

LEMON LAW - NEW MINIVAN PURCHASE - FAILURE TO TIMELY REPAIR OR REPLACE VEHICLE - AWARD FOR VEHICLE COST AND LEGAL AND OTHER FEES- SETTLEMENT DURING ARBITRATION

Settlement: Scott Scarabino v. Ford Motor Company
Date: Tuesday, May 08, 2001
Plaintiff Attorney(s): Anthony T. Ballato, Massapequa
Facts: This proceeding settled during an arbitration hearing for a full value of $34,817, including attorney's fees and dealer options.
On 2/19/99, petitioner purchased a new 1999 Ford Windstar and received a 3-year/36,000-mile warranty. Two weeks after purchasing the minivan, petitioner reported problems with the doors in that they did not open and close properly, often got stuck, and automatically locked when the van was turned off, rather than when it was put into gear. Petitioner also experienced problems with the engine and transmission in that there was a pinging sound present and a strong odor of sulfur. The vehicle also stalled upon stopping. Petitioner brought the van to the selling dealership to have these problems corrected five times within 1 year and the van was out of service for well over 30 days, which exceeded the Lemon Law (GBL Article 11-A) threshold of four repair attempts and/or 30 or more days out of service during the first 24 months or 18,000 miles. Petitioner claimed that his attempts to return the minivan were ignored, and he then retained counsel. Petitioner's counsel attempted to negotiate a settlement, which was frustrated by the manufacturer's representative, and this Lemon Law proceeding was commenced. In addition to the full trade allowance and refund of all of petitioner's attorneys' fees and related expenses, petitioner also received a new 2001-2002 Ford Expedition with a new warranty and full refund of the prior vehicle, which was over 2 years old and had registered over 24,000 miles. Demonstrative evidence: repair orders and estimates by dealer's repair shops.
Injury: Offer: $12,500; demand: full value replacement.
Verdict: Settlement apportionment: $30,683 for total cost of vehicle; $384 for dealer options; $3,750 for total legal fees and costs.