Couple settles Lemon Law suit

by David Yates |
Jun. 9, 2008, 7:50am

In March, The Southeast Texas Record reported on a Lemon Law suit filed by Matthew and Tina Lavergne, who claimed their fairly new Ford vehicle was prone to breaking down.

The couple sought the legal expertise of plaintiff's attorney Richard Dalton, who was able to reach a settlement with the dealership who sold the vehicle to the Lavergnes, Kinsel Ford and Ford Motor Company on June 2.

Dalton filed the Lemon Law suit on March 17 in the Jefferson County District Court. The Texas Lemon Law is a state law that helps consumers who have repeated problems getting new or leased vehicles properly repaired.

According to their suit, the Lavergnes bought a 2008 Ford F-250 from Kinsel Ford for $44,753.17 on March 14, 2007.

Since purchasing the truck, the couple claims they have experienced "numerous problems," including problems with the truck's fuel and exhaust system.

The suit did not state if the dealership who sold the plaintiffs the vehicles attempted to compensate the plaintiffs for their allegedly defective vehicle.

However, the suit did allege Ford and the dealership were guilty of violating the Texas Deceptive Trade Practices-Consumer Protection Act. "Plaintiff(s) further contend that Defendants' violations of the DTPA were committed knowingly and intentionally," the suit says.

The settlement amount was not disclosed. The plaintiffs were suing for actual and consequential damages, plus all court costs.

Judge Donald Floyd, 172nd Judicial District, was assigned to the case and approved and signed the plaintiffs' order of dismissal with prejudice.

Richard C. Dalton is a Louisiana consumer attorney specializing in lemon law and warranty claims. The Dalton & Associates Web site states that he has "personally handled over 8,000 lemon law/warranty claims in Louisiana and Texas."

Case No. E181-433

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