SOURCE: Krohn & Moss, Ltd.

Krohn & Moss, Ltd.

August 26, 2014 09:00 ET

Shelbyville, Indiana Jury Finds 2013 Ford Explorer to Be Unmerchantable

SHELBYVILLE, IN--(Marketwired - Aug 26, 2014) -  On Thursday July 31, 2014 and after a 3 day jury trial, a verdict was delivered in favor of Fountaintown, Indiana couple, Mary and Lowell Bell, and against Ford Motor Company in a federal and state "lemon law" action brought in the Superior Court of Shelby County, Indiana. The case involved a brand new 2013 Ford Explorer that the Bells purchased from Don Hinds Ford on April 14, 2012 for $43,698. Within the first 2,000 miles, defects in the Explorer began to appear, including a water leak, an inoperative Sync/MyTouch system, defective paint and alignment of the body and trim panels, and a recall for a potential fuel leak. Ford Motor Company vigorously defended the case for almost a year and a half forcing the Bells to eventually park the vehicle while waiting for their day in court due to the ongoing defects and fear for their safety regarding the potential fuel leak related to the safety recall. Ultimately, the jury found in favor of the Bells and awarded them $6,100 in damages, i.e. a post-sale discount, finding that Ford breached the implied warranty of merchantability in that their vehicle was not of the level of quality that you would expect from another like it. Additionally, federal law will now allow the Bells to seek payment for the attorneys' fees and costs their lawyers incurred litigating this case. John Barker, trial counsel for the Bells, commented on the jury's verdict, "The Bells have finally been vindicated with this win at trial, which will hopefully send a message to other car manufacturers that instead of employing scorched earth tactics like Ford did here, car manufacturers should stand behind their products and not force cases like this to trial." Mr. Barker can be reached by calling Krohn & Moss, Ltd. Consumer Law Center® at (312) 578-9428, extension 252 or e-mail Mr. Barker directly at jbarker@consumerlawcenter.com.

About

The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys, Adam J. Krohn and Gregory H. Moss, providing legal representation to consumers with defective vehicles and products, and assistance to those consumers victimized by fraud and violations of the Fair Debt Collection Practices Act. The firm can be found at www.yourlemonlawrights.com or by calling the firm toll free at 888 MY-LEMON (888-695-3666).

Contact Information

  • Krohn & Moss, Ltd.
    Consumer Law Center
    (312) 578-9428, extension 252