SCRANTON - An automotive company has submitted objections to a Lackawanna County couple’s allegations against it with the Court of Common Pleas of Lackawanna County.
On Aug. 24, Ford Motor Co. and Scranton Ford Inc. filed preliminary objections in response to Perry Ashton and Tiffany Ashton’s amended complaint filed Aug. 1.
The lawsuit states that Perry was driving a 2007 Ford Mustang with Tiffany as passenger in December 2014. The brakes of the vehicle allegedly failed, leaving Perry with no choice but to veer off the Scranton Carbondale Highway in Archbald Borough. The vehicle subsequently ran into a telephone pole, allegedly resulting in the two experiencing back injuries. The plaintiffs wanted to receive compensatory damages as a result of the alleged breach.
In the amended complaint, the Ashtons sued for liability, negligence, breach of warranty and punitive damages with accusations there are errors with the electronic throttle override braking system of the vehicle.
The plaintiffs contend Ford broke its agreement of implied and express warranties that the car didn’t have any issues and was safe for operation.
Ford has objected to the claims for various reasons. Ford states the Ashtons have yet to provide any evidence or proof of the punitive damages. Also, when it came to the breach of warranty claims, Ford contends the Ashtons filed outside of the statute of limitations time frame.
It also alleges it does not line up with the state's “gist of the action” doctrine. That statute ends any contract accusations “if they arise solely from breach of a duty imposed by law as a matter of social policy,” the preliminary objection states.
As of now, this is simply a preliminary objection -- a proposed order -- so a judge has not made any decisions on the argument yet.