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Ford Windstar

FAILURE TO TIMELY REPAIR OR REPLACE VEHICLE – AWARD FOR COST OF VEHICLE AND ATTORNEYS’ FEES SETTLEMENT DURING ARBITRATION

Settlement:   $32.620
Case Type:   Lemon Law
Case:   John Reid and Eileen Kilgus-Reid v. Ford Motor Company 28992
Venue:   Court
Judge:   Sheldon Lasher
Date:   Wednesday, August 29, 2001
Plaintiff Attorney(s):   Anthony T, Ballato; Massapequa
Defendant Attorney(s):   None reported
Facts:   Petitioners purchased a new 1999 Ford Windstar in April 1999 and received a 3-year 36,000-mile warranty. Beginning on 3/14/00, they brought the vehicle to the selling dealership to have mold in the air conditioning ducts and transmission troubles corrected. The van was serviced on at least four occasions within 1 year of purchase, and for well over 30 days on those occasions, which exceeded the new car Lemon Law (GBL Article 11-A) threshold of four repair attempts and/or 30 days out of service during the first 24 months/18,000 miles. Petitioners' efforts to take retun of the vehicle were ignored and they were compelled to retain counsel. Further efforts by counsel to negotiate a settlement were frustrated by the manufacturer, triggering the commencement of this Lemon Law preceding.
Injury:   This action settled during an arbitration hearing for $32.620, plus attorneys' fees of $3,000 (waived by petitioners in consideration of manufacturer waiving depreciation/mileage of approximately 18,000 miles-$5,940 approximate value of depreciation).
Verdict:   Petitioners were able to procure 100% recovery of the purchase price of S32,620. Demonstrative evidence: repair orders and estimates by the dealer's repair shops.

Ligitation & General Practice

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

Lemon Law Cases