Pennsylvania Record

Tuesday, October 22, 2019

Sale of vehicle with defective transmission makes Ford Motor Company liable, plaintiff says

By Nicholas Malfitano | Sep 21, 2017

PHILADELPHIA – Ford Motor Company is the subject of litigation from a plaintiff who believes an automobile she purchased with a defective transmission is a cause of action for the supposed violation of both federal and state laws.

Crystal Dougherty of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Sept. 11 versus Ford Motor Company c/o CT Corporation System, of Harrisburg.

According to the litigation, in April of this year, Dougherty bought a 2015 Ford Focus manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. 

The price of the vehicle was in excess of $15,000, 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 plaintiff claims more than two ineffective repair attempts made by the defendant “substantially impaired” the vehicle and rendered it worthless. During the warranty period, the plaintiff reported defects and/or non-conformities to the vehicle’s transmission – an operating failure she claims remains uncorrected.

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

The plaintiff is represented by David J. Gorberg of David J. Gorberg & Associates, in Ardmore.

Philadelphia County Court of Common Pleas case 170900754

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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Philadelphia County Court of Common Pleas