Cannon Obtains Defense Verdict in Ford Warranty-Related Trial

Huie partner Bart Cannon recently received a defense verdict in favor of Ford Motor Company following a trial involving allegations related to a F-250 Super Duty pickup truck. The plaintiff testified at trial that he was driving the truck through an intersection when the truck’s engine suddenly stopped and would not crank. Plaintiff alleged that he had the truck towed to an independently owned Ford dealership within the warranty period requesting that the engine be replaced, but that Ford wrongfully refused to make the repairs at no cost to him. Plaintiff sued Ford alleging the truck’s engine was “defective” and that Ford further breached express and implied warranties related to the truck. Plaintiff sought to recover from Ford the cost of the repairs, other incidental and consequential damages, mental anguish, attorneys’ fees and costs.

Ford defended the warranty case by proving that the truck was not “defective,” that it did not breach any warranties relative to the truck, and otherwise breached no duty owed to the plaintiff. Specifically, through cross examination of the plaintiff’s witnesses and through expert testimony in own case in chief, Ford was able to prove that the damage to the engine that caused the failure was a direct result of the plaintiff introducing contaminated fuel into the truck’s fuel system. The Court entered a judgment in favor of Ford, and the plaintiff did not appeal.