Lundy
Lundy v. Ford Motor Company
Opinion
Opinion
Epstein, J.
Plaintiff brought an action for breach of implied and express warranty under the Song-Beverly Consumer Warranty Act. (Civ. Code, § 1790 et seq., the Act) The jury rendered a verdict in favor of plaintiff. On appeal, defendants, Ford Motor Company and South Bay Ford, Inc., argue the court’s answer to a jury question about the meaning of “substantially” constituted reversible error. We agree.
Factual and Procedural History
Plaintiff, William R. Lundy, purchased a new 1997 Ford F150 vehicle in March 1997 from South Bay Ford in Hawthorne, California. The vehicle was covered by a bumper-to-bumper warranty for three years or 36,000 miles.
Plaintiff had his vehicle serviced at Peyton-Cramer Ford numerous times within the first year. His complaints ranged from cracking noises during turns to sticking windows. His two repetitive complaints concerned an odor emanating from the air conditioning system and transmission-related problems.
Plaintiff had his vehicle serviced five times between June 23, 1997, and February 18, 1998, for the air conditioning system odor, which he described as “dirty, musty, and stinky.” On each of the first four occasions, the system was deodorized. On…