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Ford Windstar

LEMON LAW CASE – FAILURE TO CORRECTLY REPAIR OR REPLACE VEHICLE

Settlement:   FULL REPLACEMENT VALUE AND ATTORNEY'S FEES
Case Type:   Frank Pappalardo v. Ford Motor Company
Venue:   New York State Attorney General
Date:   Thursday, March 25, 1999
Plaintiff Attorney(s):   Anthony T. Ballato, Massapequa
Facts:   This Lemon Law action settled for a full value of $25.610, plus $4,158 for legal fees and costs after commencement of a Lemon Law proceeding. Petitioner purchased a new 1998 Ford Windstar GL minivan in October 1997. He received a 3-year/36,000-mile warranty. One month after purchasing the minivan, he reported problems with the transmission in that it slipped out of gear, causing it to jerk and make loud noises. Eight times within 1 year, Petitioner brought the vehicle back to the dealership where he had purchased it. The minivan was in for repair for well over 33 days, which exceeded the GBL Article 11-a threshold of four car repair attempts and/or thirty days out of service during the first 24 months or 18,000 miles. Petitioner tried to return the vehicle to no avail, and he retained counsel. Attempts by Petitioner's counsel to negotiate a settlement were frustrated by the manufacturer's representative, thus compelling the commencement of a Lemon Law proceeding with the New York State Attorney General's office. Petitioner was ultimately given a 100% trade allowance, plus a refund of all his attorney's fees and related expenses. Petitioner also received a new vehicle of his choice - any Ford, Lincoln, or Mercury product - with a new warranty and full refund of the prior vehicle, which was over 17 months old with over 17,000 miles on the eve of the hearing. Demonstrative evidence: repair orders and estimates from the dealers and repair shops.
Injury:   Repair to vehicle; demand: full replacement value plus counsel fees.
Verdict:   This Lemon Law action settled for a full value of $25.610, plus $4,158 for legal fees and costs after commencement of a Lemon Law proceeding.

Ligitation & General Practice

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

Lemon Law Cases