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Ford Expedition

SUV spent too much time in repair shop, owner alleged.

Settlement:   $39,179.00
Case Type:   Lemon Law, Motor Vehicle - Lemon Law, Alternative Dispute Resolution - ArbitrationCase: Loretta Guida v. Ford Motor Company, No. 34496
Venue:   Education & Assistance Corp., Smithtown, NY
Judge:   Sheldon Lasher
Date:   Tuesday, November 22, 2005
Plaintiff Attorney(s):   Anthony T. Ballato; Anthony T. Ballato, Esq.; Massapequa, NY, for Loretta Guida
Defendant Attorney(s):   James Welch; Mahwah, NJ, for Ford Motor Co.
Facts:   In October 2002, claimant Loretta Guida purchased a new 2003 Ford Expedition sport utility vehicle. The $39,179 purchase included a standard manufacturer's warranty. Guida claimed that the vehicle subsequently experienced functional problems that began in December 2002 or January 2003. She contended that the problems included water leaks and malfunctions of the vehicle's interior lights. During the ensuing two years, those problems necessitated eight separate adjustments and/or repair attempts. As a result of that work, the vehicle accumulated more than 30 days of repair-shop time. Guida claimed that the problems were never resolved. She attempted to return the vehicle, but it was refused by the manufacturer, Ford Motor Co. Guida sought recovery via application of the New Car Lemon Law, General Business Law article 11-A, § 198-a. The parties proceeded to an arbitration hearing. Guida's counsel claimed that the vehicle's poor condition 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 repair attempts and/or 30 days of repair-shop time.
Injury:   Guida claimed that her vehicle experienced functional problems that included water leaks and malfunctions of its interior lights. She sought recovery of $39,179, which represented the vehicle's full replacement value. She also sought recovery of the arbitration's $250 filing fee.
Verdict:   Arbitrator Sheldon Lasher rendered a claimant's decision. Guida was awarded $39,179, which represented the vehicle's full replacement cost. She also recovered the arbitration's $250 filing fee.

Ligitation & General Practice

Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2

Lemon Law Cases