Smith v. Ford Motor Co.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Before the Court are defendant Ford Motor Company’s (“Ford”) Motion for Summary Judgment as to Plaintiff Richard Smith (“Smith”), and Motion for Summary Judgment as to Plaintiff Rebecca Klein (“Klein”), each filed November 17, 2008. Plaintiffs have filed a joint opposition to both motions, to which Ford has replied. Having read and considered the papers filed in support of and in opposition to the motions, the Court hereby rules as follows.

PROCEDURAL AND FACTUAL BACKGROUND

On January 25, 2006 plaintiffs filed the instant action. On September 22, 2006, plaintiffs filed their Third Amended Complaint (“TAC”), in which plaintiffs allege that Ford unlawfully concealed information concerning the failure rate of the ignition locks in its 2000 through 2006 model year Focus vehicles, provided an unconscionable standard warranty, and maintained a secret warranty adjustment program.

An ignition lock is the vehicle part in which the key is inserted and turned to activate the ignition; its purpose is to start the car. When an ignition lock fails, the driver is prevented from turning the key. (See Declaration of Dina E. Micheletti…