Woman Files Texas Lemon Law Claim

Orange, Texas -- Claiming she was sold a lemon, Terri Jones has filed suit against Harmon Chevrolet and General Motors Corp.

Jones' suit was filed Aug. 13 in Orange County District Court.

In her suit, Jones says she purchased a Chevy Equinox from Harmon Chevrolet on Aug. 18, 2006. During the first year of ownership, the vehicle's ignition switch allegedly malfunctioned on several occasions.

"Since owning the vehicle, and within the period of express warranty, the ignition switch … required replacement four times," the suit says.

"Prior to the expiration of the express warranty, plaintiff brought the vehicle to Harmon … for repair, and the defendants refused to honor the warranty."

Jones alleges both defendants are guilty of breaching their warranty and of violating the Texas Deceptive Trade Practices Act.

"The conduct of the defendants …. Was a proximate cause of plaintiff's economic damages," the suit says.

Jones is requesting a trial by jury and is represented by attorney Clay Dugas.

The case has been assigned to Judge Pat Clark, 128th Judicial District.

Case No. A-080316-c

Article by David Yates, Southeast Texas Record -

Texas Couple Sues Ford for Deceptive Trade

Convinced their year-old Taurus is beyond repair, Orvell and Patsy Ross have filed a Deceptive Trade Practices suit against Ford Motor Company.

The couple claims they have brought their fairly new Taurus in for repairs on several occasions but still experience a variety of problems with the vehicle.

Finally fed up with "ineffective repair jobs," the couple asked Ford for a refund. When the automobile maker refused, the Rosses sued. Their suit was filed in the Jefferson County District Court on March 10.

According to the plaintiffs' petition, on Feb. 7, 2007, the couple purchased a 2007 Ford Taurus. The suit does not state where the Rosses bought their car.

"In connection with consumer's purchase of the Taurus, warrantor issued and supplied to consumer its written warranty, which included three years or 36,000 mile bumper-to-bumper coverage, as well as other warranties fully outlined in the warrantor's New Vehicle Warranty booklet," the suit said.

Soon after purchasing the vehicle, the couple began experiencing problems with the car's steering, suspension and electrical systems and engine, the suit said.

Despite being given more than a reasonable number of attempts … to cure said defects, non-conformities and conditions, warrantor failed to do so and thus the warranty failed its essential purpose," the suit said.

"Consumer provided warrantor written notification of the defects within the subject vehicle, an offer for a final opportunity to cure, and consumer's demand for compensation on Dec. 12, 2007. Warrantor refused consumer's demand for compensation and has refused to provide consumer with the remedies to which consumer is entitled."

The Rosses allege Ford's conduct violated the Magnuson-Moss Warranty Act - a federal statute enacted in 1975 governing warranties on consumer products, also known as the Lemon Law.

The couple also alleges Ford violated the Deceptive Trade Practices Act and breached its implied warranty.

The Rosses are suing for actual and consequential damages, plus attorney's fee.

They are demanding a trial by jury and are represented by attorney Susan Landgraf of the Weisberg & Meyers law firm. Weisberg & Meyers specializes in "lemon law" and other suits for plaintiffs making defective vehicle or product claims. The firm has offices in Arizona, Florida, Illinois, Missouri and Texas.

Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.
Case No. E181-409

Article by David Yates, Reporter
Southern Texas Recorder

Texas Consumer Claims Smith AutoPlex Sold Him A Lemon

Southeast Texas Record 12/4/07

John Read and his lawyer will spend Wednesday morning attempting to convince Judge Gary Sanderson, 60th Judicial District, that Mike Smith Autoplex sold him a "lemon."

The bench trial is slated to begin Dec. 5.

Citing the Texas Lemon Law, Read filed a deceptive trade practices suit against Mike Smith Autoplex and General Motors on May 10, 2007. He claimed the 2006 Buick he purchased for $21, 397.89 was rusted out underneath.

The Texas Lemon Law is a state law that helps consumers who have repeated problems getting new or leased vehicles properly repaired.

Before the suit was filed, Read claims Mike Smith Autoplex allegedly refused to properly repair or replace the vehicle. Read's lawyer then sent a letter to the dealership threatening legal action unless he received a refund but the company refused to budge.

In turn, GM also filed an answer in response to Read's claims denying any wrongdoing.

Read will ask Sanderson to award him actual damages, plus additional monetary relief for mental anguish and lawyer fees.

Background
According to Read's original petition, on Sept. 26, 2006, he purchased a 2006 Buick from Mike Smith. Copies of the sales agreement and certificate of title are attached to the suit.

"Defendants represented to plaintiff that such vehicle was new, safe, dependable and fit for the purpose for which it was marketed and sold," the suit said. Because of the representations, plaintiff purchased the…automobile for the total cash delivered price of $21, 397.89. Additionally, Plaintiff purchased after-market accessories for such vehicle at a total cost of at least $189.00."

When Read went to have the window tint installed on his "new" car, he was shown by the mechanic that the "vehicle was rusting out underneath," the suit said, adding that the mechanic advised him to get something done about the problem quickly or the vehicle would begin experiencing additional problems and become unsafe.

"When plaintiff returned the vehicle to Mike Smith's dealership, the…defendant's mechanic changed some bolts and told plaintiff there was nothing more he could do to repair the vehicle," the suit said.

"It immediately became clear to plaintiff that, in truth and in fact, defendants' representations concerning the condition of the vehicle were false, misleading and deceptive in that the vehicle was seriously defective and not fit for the purpose for which it was intended.

"More specifically, plaintiff would show that the vehicle, although sold as 'new' was most likely either used or floodwater damaged. The vehicle is unsafe and a danger to operate on the public streets and roadways."

If you've experienced problems with your vehicle and think you might be driving a lemon, visit Texas Lemon Lawyers for a free consultation.

Southeast Texas Record - David Yates - 12/4/07

Texas Man Sues Raiford For Lemon Pickup

Mike Stegall is claiming he was sold a "lemon" and is suing Ford Motor Co. and Raiford Motors, Inc., the dealership that sold him his F250 pickup truck.

With the help of an attorney, Stegall filed his deceptive trade practices lawsuit with the Jefferson County District Court on Sept. 12.

According to the plaintiff's original petition, on Aug. 29, 2003, Stegall purchased his truck from Raiford Motors for $39,421.

"At this time, defendant represented to plaintiff that such vehicle was safe, dependable and fit for the purpose for which it was marketed," the suit said. "Subsequent to the purchase of such vehicle, it became necessary for plaintiff to have certain repairs performed, which were covered by the vehicles warranty."

The suit goes on to say Stegall has taken the vehicle in for repairs 10 times since he purchased it.

The suit cites the Texas Lemon Law and the Deceptive Trade Practices Act as grounds for the lawsuit.

The Texas Lemon Law is a state law that helps consumers who have repeated problems getting new or leased vehicles properly repaired.

The suit also says the actions of the defendants were committed intentionally. "That is, defendants had actual awareness of the falsity, deception or unfairness of the act or practice, coupled with specific intent that plaintiffs act in detrimental reliance on the falsity or deception or in detrimental ignorance of the unfairness."

Stegall is suing for the cost of the truck and damages under the DTPA, plus all court costs.

Judge Milton Shuffield, 136th Judicial District, will preside over the case.

Case No. D180-016

David Yates - Reporter
9/17/07

For free legal help with a lemon in the state of Texas visit our Texas Lemon Law Website.