Plaintiff bought Ford Escape that had defective engine, lawsuit states

By Nicholas Malfitano | Sep 14, 2017

PHILADELPHIA – A plaintiff has sued Ford Motor Company for violating federal and state laws in allegedly selling her a defective vehicle which had engine problems disabling it from proper use.

Michelle M. Birk of Center Valley filed suit in the Philadelphia County Court of Common Pleas on Sept. 5 versus Ford Motor Company c/o CT Corporation System, of Harrisburg.

Per the lawsuit, on Dec. 8, 2015, Birk purchased a used 2013 Ford Escape manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The price of the vehicle was in excess of $16,435, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified yet defined by the Lemon Law.

The parties’ bargain includes an express three-year/36,000-mile warranty and other guarantees, but the plaintiff claims ineffective repair attempts made by the defendant “substantially impaired” the vehicle and rendered it worthless. During the initial warranty period, the plaintiff reported the following defects: The engine revving but not moving, hesitation in acceleration and a popping noise from the front while starting.

For alleged violation of the Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiff is seeking damages in an amount equal to the purchase price of the subject vehicle, plus all incidental, consequential and treble damages, collateral charges, attorney’s fees and court costs, with a total judgment not in excess of $50,000.

The plaintiff is represented by Robert A. Rapkin of Kimmel & Silverman, in Ambler.

Philadelphia County Court of Common Pleas case 170900188

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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