On March 10, 2017, the Superior Court of Marion County entered judgment in favor of Indianapolis resident, Benjamin Rubin, and against Ford Motor Company for violation of the Indiana Lemon Law and federal Magnuson-Moss Warranty Act. The judgment was entered by the Court following Ford’s admission of liability as to each of Mr. Rubin’s claims just days before trial was to commence. The case involved a 2013 Ford Focus that Mr. Rubin purchased new on July 16, 2013. Less than 3 months after his purchase, the problems with the Focus began. Specifically, the transmission shuddered and jerked on acceleration and made rattling noises. There was also a persistent rattle coming from the roof of the vehicle, the parking aid feature in the vehicle malfunctioned, and the vehicle failed to start on one occasion.
After providing Ford’s dealers with numerous attempts to repair the Focus and after trying unsuccessfully to resolve this matter with Ford directly, Mr. Rubin hired lemon law attorneys, Krohn & Moss, Ltd. On May 6, 2015, Mr. Rubin’s attorneys sent notice to Ford to attempt to amicably resolve his claims. Unfortunately, the parties did not reach an accord and suit was filed on August 17, 2015.
For the next 19 months the parties engaged in litigation and Mr. Rubin was forced to endure the ongoing defects in the Focus. By the time judgment was entered, the Focus had been tendered for repair 16 times, including 7 times for the transmission alone. In addition to receiving judgment in his favor, Mr. Rubin will now seek his attorneys’ fees and costs from Ford, which are recoverable per Indiana and federal law.
Scott Cohen, counsel for Mr. Rubin, commented, “Ford Motor Company ultimately did the right thing and admitted liability to avoid a trial. It is great to see a consumer’s perseverance pay off.”
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 other consumer statutes. The firm can be found at www.yourlemonlawrights.com or by calling the firm toll free at 888 MY-LEMON (888-695-3666).