In a breach of warranty case affecting many Focus owners, the Ninth Circuit reversed a lower court’s ruling that plaintiffs who owned ’tire-eating’ Ford Focus models from 2005-11 failed to show that the cars became unsalable within the duration of implied warranty.

Judge Donald Mallor twisted the knife further when he found that the language of the express warranty was ambiguous. He slapped Ford under the doctrine of contra proferentem.

Plaintiffs who had purchased Ford Focus models sold from 2005-2011 had to contend with an annoying characteristic of the car’s suspension: it was either set defectively at Ford, or was defectively designed. Indications point to excessively wide ranges of toe-in and camber of tires.

Lower Court’s Ruling

Remarkably, Ford convinced the lower district court to rule for them based on the notion that plaintiffs did not prove reliance on the implied warranty. Judge Molloy cited Mexia v. Rinker Boat Co. and said that the case did not “create a deadline for [plaintiffs] to discover latent defects or” to give notice to the seller.

Future Ford Focus Failures Foreclosed?

Eric Grant, the attorney who represents the plaintiffs expressed his pleasure at the Ninth Circuit’s decision. At this point, it has been established that over 82,000 California buyers of Ford Focus vehicles will be able to certify as a class.

On a more sour note, it’s a virtual certainty that Ford’s GC will scrutinize the exact language of the warranty clauses in their purchase contracts to make them even toothier. And who’s to say if they’ll fix the cars’ suspension, too.

Related Resources.

  • 9th Circ. Revives Case of ‘Tire-Eating’ Ford Focus (Courthouse News Service)
  • Willful Ignorance Can Lead to Adoptive Admission, 9th Cir. Rules (FindLaw’s U.S. Ninth Circuit Blog)
  • FRCP Rule 15(a) is Not ‘Chronological,’ 9th Cir. Says. Go Crazy! (FindLaw’s U.S. Ninth Circuit Blog)
  • Uber Drivers Score Another Win in the 9th Cir. (FindLaw’s U.S. Ninth Circuit Blog)

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