PHILADELPHIA – An Allentown man is suing Ford Motor Company, believing an allegedly defective automobile he purchased is a cause of action for the violations of both federal and state commerce laws.
Kevin David Fine of Allentown filed suit in the Philadelphia County Court of Common Pleas on Nov. 22 versus Ford Motor Company c/o CT Corporation System of Harrisburg.
Per the litigation, on Feb. 28, 2017, Fine says he bought a brand-new 2017 Ford Focus from Haldeman Ford Lincoln in Allentown, manufactured and warranted by the defendant, and both purchased and registered in Pennsylvania. The lease price of the vehicle was in excess of $37,680 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 repair attempt made by the defendant proved futile, “substantially impaired” the vehicle and rendered it worthless.
During the first year and initial warranty period, the plaintiff discovered the vehicle blew white smoke and had the check engine light illuminating, necessitating a repair attempt which kept the vehicle out of service for 33 days, the suit says.
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 plaintiff is 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 plaintiff is represented by Robert A. Rapkin of Kimmel & Silverman, in Ambler.
Philadelphia County Court of Common Pleas case 171102260
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com