Couple sues Ford for deceptive trade

By David Yates | Mar 11, 2008

Convinced their year-old Taurus is beyond repair, Orvell and Patsy Ross have filed a Deceptive Trade Practices suit against Ford Motor Company.

The couple claims they have brought their fairly new Taurus in for repairs on several occasions but still experience a variety of problems with the vehicle.

Finally fed up with "ineffective repair jobs," the couple asked Ford for a refund. When the automobile maker refused, the Rosses sued. Their suit was filed in the Jefferson County District Court on March 10.

According to the plaintiffs' petition, on Feb. 7, 2007, the couple purchased a 2007 Ford Taurus. The suit does not state where the Rosses bought their car.

"In connection with consumer's purchase of the Taurus, warrantor issued and supplied to consumer its written warranty, which included three years or 36,000 mile bumper-to-bumper coverage, as well as other warranties fully outlined in the warrantor's New Vehicle Warranty booklet," the suit said.

Soon after purchasing the vehicle, the couple began experiencing problems with the car's steering, suspension and electrical systems and engine, the suit said.

"Despite being given more than a reasonable number of attempts … to cure said defects, non-conformities and conditions, warrantor failed to do so and thus the warranty failed its essential purpose," the suit said.

"Consumer provided warrantor written notification of the defects within the subject vehicle, an offer for a final opportunity to cure, and consumer's demand for compensation on Dec. 12, 2007. Warrantor refused consumer's demand for compensation and has refused to provide consumer with the remedies to which consumer is entitled."

The Rosses allege Ford's conduct violated the Magnuson-Moss Warranty Act – a federal statute enacted in 1975 governing warranties on consumer products, also known as the Lemon Law.

The couple also alleges Ford violated the Deceptive Trade Practices Act and breached its implied warranty.

The Rosses are suing for actual and consequential damages, plus attorney's fee.

They are demanding a trial by jury and are represented by attorney Susan Landgraf of the Weisberg & Meyers law firm. Weisberg & Meyers specializes in "lemon law" and other suits for plaintiffs making defective vehicle or product claims. The firm has offices in Arizona, Florida, Illinois, Missouri and Texas.

Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.

Case No. E181-409

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