Utility service company sues Ford claiming it was sold fleet of defective trucks

By Michelle Keahey, East Texas Bureau | Dec 6, 2012

A utility service company has filed a lawsuit against Ford claiming it was sold more than 100 defective Ford trucks in violation of the Texas Deceptive Trade Practices Consumer Protection Act.

T and D Solutions filed suit against Ford Motor Co. and David Self Ford Inc. on Oct. 30 in Jefferson County District Court. The defendants removed the case to the Eastern District of Texas, Beaumont Division on Nov. 29.

According to the suit, T and D Solutions purchased 123 Ford F-250 and F-350 diesel trucks from David Self Ford in Orange for a total purchase price of approximately $4,676,065.

The plaintiff claims it has had numerous problems with the vehicles having an excessive number of defects, necessitating numerous repairs visits and excessive down time for each vehicle.

The total cost of repairing the defects for entire fleet is approximately $2,148,177.

T and D Solutions also states that there has been multiple occasions where the vehicles’ warranty coverage was wrongly denied and the plaintiff paid for the repairs out of pocket.

The defendants are accused of violating the Texas Deceptive Trade Practices Consumer Protection Act, including breach of express and implied warranties.

The plaintiff is asking the court for an award of actual damages, direct, consequential and incidental damages, diminished value of the vehicle, loss of use, cost of repair, loss of income and profits, out of pocket expenses, attorney’s fees, court costs and interest.

T and D Solutions are represented by Walter Umphrey of Provost Umphrey Law Firm in Beaumont and Craig M. Patrick in Patrick Law Firm in Dallas.

Case No. 1:12-cv-00564

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