PHILADELPHIA – A Huntingdon Valley couple have initiated legal action against Ford Motor Company, believing an allegedly defective automobile they purchased is a cause of action for the violations of both federal and state laws.
Sami Kaniwati and Nizar Kaniwati of Huntingdon Valley filed suit in the Philadelphia County Court of Common Pleas on Oct. 11 versus Ford Motor Company c/o CT Corporation System of Harrisburg.
According to the lawsuit, on Oct. 10, 2016, the Kaniwatis bought a brand-new 2016 Ford Focus manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The lease price of the vehicle was in excess of $48,730.56, 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 suit says.
The parties’ bargain includes an express three-year/36,000-mile warranty and other guarantees, but the plaintiff claims a pair of ineffective repair attempts made by the defendant “substantially impaired” the vehicle and rendered it worthless.
During the initial warranty period, the plaintiffs discovered the engine stalled while driving with the engine fault light illuminating, and the vehicle would not restart. The suit says the vehicle has been to two different dealerships and has remained at Chapman Ford for an engine replacement since Sept. 16.
For alleged violation of the Pennsylvania Automobile Lemon Law, Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL), the plaintiffs are seeking damages in an amount three times 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 plaintiffs are represented by Robert A. Rapkin of Kimmel & Silverman, in Ambler.
Philadelphia County Court of Common Pleas case 171001230
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com