Donlen

FACTS

Plaintiff purchased a new Ford F-450 Super Duty truck in July 2004. The truck was covered by an express limited warranty for a period of three years or 36,000 miles, whichever came first. 1. Repair history Plaintiff took the truck to a dealer four times during the warranty period to have it repaired or checked for problems. The first warranty repair, in August of 2005 at 11,618 miles, occurred pursuant to a recall notice plaintiff received from Ford. The recall concerned the truck‟s transmission. The notice stated “[t]he TorqShift transmission in your vehicle may have a low/reverse gear set pinion shaft(s) that may become loose, causing metallic particle contamination. If this condition occurs, it may lead to harsh/slipping shifts and/or harsh/delayed forward/reverse engagements.” For this repair, the technician removed and disassembled the truck‟s transmission. He determined a planetary pin, a pin used to hold a gear in place, had come out. He made the repair as required by the recall, and he reassembled and installed the transmission. The truck‟s second visit to the dealer during the warranty period occurred approximately two months later in October 2005 at 13,916…