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The PowerShift transmission continues to haunt Ford as the automaker has lost another lawsuit
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–> by Michael Gauthier
6 hours ago
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by Michael Gauthier
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Ford had high hopes for their dual-clutch PowerShift transmission, but it turned out to be an unmitigated disaster that resulted in recalls, angry customers, and numerous lawsuits.
The fallout continues as the Detroit Free Press and Law360 report a jury awarded Rodolfo Mejia $58,015.36 for his experience with a trouble prone Fiesta.
The story starts in 2013, when Mejia bought the car new. Within months, problems started to arise and reportedly continued despite having six transmission repairs and three new clutches.
Mejia eventually got rid of the vehicle and sought reimbursement from Ford nearly a year after doing so. Ford said no and a lawsuit was born.
Also: Ford Settles Class-Action Lawsuit Over Faulty Transmissions, Could Cost More Than $100 Million
In the end, the jury took less than two hours to reach a unanimous verdict. They reportedly found that “Ford willfully violated the Song-Beverly Consumer Warranty Act that’s designed to protect consumers by requiring repair be completed within the warranty period.” As a result, they awarded Mejia the maximum amount possible.
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While Ford lost, the company contended that the shuddering wasn’t bad and Mejia didn’t have to pay out of pocket for repairs. The company also pointed out that he didn’t seek replacement or repurchase from Ford, when he owned the vehicle, and drove the model roughly 25,000 miles (40,233 km) in the time he owned it.
Mejia’s lawyers contended that didn’t matter as the car was a lemon and the company failed to fix the transmission after a “reasonable number of attempts.” They also pointed to internal communications that showed Ford was aware of issues with the transmission and didn’t have a fix for it, even before Mejia bought his Fiesta.
In the end, Mejia was awarded $19,782.75 in restitution and $38,232.61 as part of a civil penalty. That’s a pretty nice payday compared to the Focus and Fiesta PowerShift class action lawsuit, which saw the automaker repurchase vehicles, provide a cash payment of up to $2,325, and provide “discount certificates” of up to $4,650 towards the purchase of a new vehicle. Of course, once lawyers take their cut, the $58,015.36 award will likely be substantially less.
