Judge tosses suit over Jag plates
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LEGAL FILE
Eric Freedman | Automotive News / August 7, 2006 - 6:00 am
A federal judge cleared Ford Motor Co. in a class-action lawsuit arising from a lack of hardware to attach license plates to the front bumpers of some Jaguar models.
Ted Strauss was fined $155 for not having a front plate on his 2002 Jaguar X-Type. Strauss sued Ford and D & M Leasing Co., of Arlington, Texas. He accused them of violating state motor vehicle and consumer protection laws, breaching implied warranties, and negligence.
The suit cited Jaguar XJ, XJ8, XJ8 L, XJR, XK8, X-Type and S-Type models sold or leased in Texas. It sought more than $5 million in damages.
Texas law requires vehicle retailers and distributors to provide certain equipment that meets state standards. But U.S. District Chief Judge A. Joe Fish, of Dallas, ruled that the mandate applies to such items as safety belts, windshield wipers, brakes and headlamps.
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Empty plate
Issue: Is Ford Motor Co. liable for failing to provide hardware to attach a front license plate to the bumper of a customer's Jaguar?
Where it stands: Federal judge torpedoes class-action suit against Ford, Texas leasing company. The plaintiff has not decided yet whether to appeal, his lawyer says.
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In court papers, Ford argued that Strauss sought to hold the defendants responsible "for his own failure to comply with Texas law."
Fish agreed. He said retailers and distributors have no legal duty to display front and rear plates. "It was Strauss' responsibility," the judge said.
Fish found no basis for Strauss' warranty claims. "Admittedly, affixing the front plate without a pre-attached mechanism is probably less convenient than most consumers would prefer, but it does not constitute a breach of implied warranty," he ruled.
The failure to provide such hardware does not undermine the "sole ordinary purpose of a vehicle," to provide transportation, he said.
The judge also found no evidence that Ford and the leasing company engaged in deceptive trade practices or took unfair advantage of Strauss. He said the only financial damage Strauss incurred was the $155 fine.
Strauss' suit alleged that "thousands" of Jaguar drivers in Texas "continue to receive citations and continue to incur fines." His lawyer, Greg Gober, of Dallas, said in an interview that he did not know of other specific citations. But he added: "It makes them potentially liable."
A lawyer for the leasing company, John Greene, told Automotive News: "It was not a very serious suit."
Ford had no comment. Gober said his client hasn't decided whether to appeal.
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