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Ford Motor fails to perform a $45 TSB, ordered by jury to pay $33,610 in damages for defective 2005 F250 Super Duty truck


Ft. Myers, Florida
8/05/09


Ted Greene of Krohn & Moss, Ltd. prevailed over two of Ford Motor Company's top trial attorneys in a three day jury trial in Ft. Myers, Florida over a lemon law case. On July 23, 2009, Ford was ordered by the jury to pay John Kellermeier damages to the tune of $33,610 concerning a 2005 Ford F250 Super Duty truck with a recalcitrant transmission issue.

I was a very proud man when I signed the ownership papers for my new 2005 Ford F250 Super Duty truck” the consumer told Ted Greene of Krohn & Moss, Ltd. “Within six weeks my euphoria disappeared as the vehicle started flailing with transmission problems”. The consumer brought it back for three repairs with increasing apprehension within the first 5,200 miles. Ford rebuilt the entire transmission for the vehicle on the third visit and pronounced it "repaired". However, the transmission continued to gyrate. It shifted harshly. It banged into gear. It twirled and twisted the tires after finally engaging. The consumer's attorneys, Krohn & Moss, Ltd. sent a letter to Ford with a detailed description of the defect. In the letter they also made an express statement, “Ford is being given a final opportunity to repair the vehicle.”

At the trial Ford's representative leaned heavily on the ruse, “Ford has never been given a proper notice that the consumer does not consider the vehicle repaired.” Referring to the letter sent by the consumer's attorneys, Ford's representative contended, “The letter wasn't in the format we ‘usually get’. As a result it has been ‘misdirected’ internally.” Based on this, Ford contended it was never provided with a final opportunity to repair the vehicle. The jury remained unimpressed.

During the course of the trial Mr. Kellermeier’s attorney elicited proof that not only had Ford’s dealer called Ford directly on the second repair visit, but also that Ford was aware of the problem and would be coming out with a Technical Service Bulletin (TSB) to correct the issue. However, even after the TSB was issued, Ford never performed the TSB at issue. Ironically, the TSB at issue would have cost Ford a mere $45 if performed. Only after filing the suit did the consumer come to know that a TSB was available.

Armed with this evidence, Plaintiff’s attorney convinced the jury that Mr. Kellermeier had given Ford a reasonable opportunity to repair the defects in the Ford truck and that Ford had failed to stand up to it. In turn, the jury unanimously agreed that Mr. Kellermeier was entitled to $33,610 in damages. The Court will now be called upon to decide the amount of attorneys’ fees and costs Ford will forfeit to pay Krohn & Moss, Ltd. for their successful litigation of this consumer action.

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