Ford V10motor locked up

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(As an example, OJ lost the wrongfull death civil case brought by the Brown and Goldman families, but he has yet to pay one red cent of the twelve million dollar award - and that was about seven years ago.

That's because he moved to Florida where a law says he don't have to if he don't have income . I think he chooses to remain ...jobless
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quote:
Originally posted by Motorbike:
That's because he moved to Florida where a law says he don't have to if he don't have income . I think he chooses to remain ...jobless
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Irrelevant. The point is that he's beat the judgment. Phillip-Morris has yet to pay out anything, either - and that company's hardly distitute. Getting a judgment is one thing. Getting a judgment enforced is quite another. Get it, now? (
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, yourself)
 
quote:
Originally posted by Dan4510:
...She bought an engine with warranty, she followed all rules except for the interval thing, however, the burden of proof is on ford to prove her actions caused the problem...
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Not once she becomes the plaintiff in a civil case. The burden of proof is always on the plaintiff in any legal proceeding - criminal or civil. I continue to maintain Cathy's best chance is to keep Ford the bad guy in all this. Ford will have the burden of proof in an arbitration hearing, not Cathy, simply because the hearing involves only Ford's decision to deny a warranty claim rather than a lawsuit for a damage judgment. (That's always what a civil case is about - monetary damages for loss and/or pain and suffering.) If she loses in arbitration, Cathy still has all of her current legal options available. If she wins in arbitration, Ford has to deal with the motor within 90 days. The company has NO appeal rights against the arbiter's decision in binding arbitration. (That's why it's called binding arbitration...) Geesh, apparently a no-cost, less-involved course to a warranty non-performance win just isn't dramatic enough for some of you? Maybe because there's no opportunity in arbitration for Cathy to win a huge enough monetary settlement so she could buy the Grand Caymen Islands in addition to getting her motor fixed or replaced?

Best of luck, Cathy. I'm finished with this thread.
 
Keep in mind, all you legal "experts" goading Cathy into wreckless litigation, that once Cathy files suit, she's the plaintiff and Ford's the defendant. That means the burden of proof at that point is on Cathy, not Ford. Since it'll be a civil case, the burden of proof is only "a preponderance of evidence", but it'll still be an uphill battle. Count on Ford to bolster their position by providing their legal team with as many expert witnesses from their engineering staff as they feel it'll take to convince and/or confuse the jury.
 
It looks like she has no other choice at this point, i bet she is stall paying notes on a now useless piece of transportation.

Dan
 
quote:
That means the burden of proof at that point is on Cathy, not Ford.
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To prove what? That they didn't honor their warranty? Easy assertion. They're allegedly in breach of the specific performance of their warranty. They'll still have to prove that they were not.

Remember Socrates addressing the high counsel: You're all a$$e$! ...but you're a hen pecked husband and a wimp!!!

You're right! I am hen pecked and wimpy. That doesn' alter the fact that you're still a$$e$.
 
Ray,

This wouldn't be an issue if Ford didn't deny warranty coverage these people. They go to court because of Ford not Cathy. Ford needs to prove why they denied coverage on the warranty that was provided on this motor. If they don't have a substantial reason to void a warranty then it needs to be honored otherwise its a Breach of Warranty which is illegal! To deliberately deny a warranty without sound reasons is bad faith and will constitute damages.

If they changed the oil once, maybe twice in 29,000 miles you could side with Ford, but it sounds like Cathy maintained the vehicle other than a slight extention on an interval. If oil changes were a problem we would have heard terms such as, sludge, oil passage narrowing, clogged oil pump screen and excessive deposits. Those phrases were not brought up by the dealer. In fact they mysteriously dumped a majority of the oil and changed their story.

I side with the fact that part of the problem is with the recommended 5w20 oil, but it could be anything.

Cathy how many oil changes performed on the vehicle?
 
The reason none of those phrases have been used is because they have not even dignified my complaint enough to CHECK! Brandon, the young service manager, has done a VISIUAL analysis of the oil filter and he feels that is all he needs!
 
I hate to say it, but Ray H. is spot on. Follow his advice Cathy. See where abitration takes you. It may even help you if you choose legal action.

As far as the warrenty. Like Ray indicated, it is a contract, with specific obligations of each party. If the oil change schedule indicated 7500 miles for normal service, you may still be screwed. Usually towing is one of the stipulations for following severe service schedules, and you've already indicated to them you were towing.

Suing them is always an option, but just to get in the door now adays is going to cost you 30 grand AT LEAST. No lawyer is going to take your case on contingency, especially with the information you've provided. Recieving a judgement that would give you a new engine PLUS cover all your court fees and legal costs would be unheard of in this case. And it may take even more legal action for them to even ow up to an awarded judgment if you even got one.
 
quote:
Originally posted by Whimsey:
I'd definitely get an oil analysis done. Unfortunately you did leave the oil in for 7,000 miles. Ford does state that 5,000 miles under normal and 3,000 miles severe.
Whimsey
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If this is true, you are screwed I'm sorry to say. And I doubt the oil being over the mileage limit is even what caused the engine to fail. If you would have been at 2,999 miles on an oil change when it failed, you'd have been home free.
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quote:
Originally posted by Cathy Covington:
Boy, I am glad to see all of ya'll on the board today! I have another question....I just read on one of the RV sites about people with Rvs and V10 engines having trouble with awater getting in the engine when it rained. Our Rv made a very shrill wistling noise everytime we were traveling and it was raining. Memorial weekend in AR was when numerous tornados touched down. We were appaprently on the edge of one because we had just come through a horrible storm. At one point we had to wait while they removed a tree from the road. So...what do you think? Could this have contributed to my problem????
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No. The water that gets in the engine comes from the cooling system(radiator) through a defective gasket or a crack somewhere. It is not rain water.

Back to the subject. I really don't feel that you have a leg to stand on. You admitted that you have gone over 2 times the required (to keep up the warranty) milage between oil changes.

Not to be rude here.

Personally if I built cars and you came to me with this same problem I would show you the door. You admitted that you did not maintain the engine according to the maintenance schedule.

This is like if you bought a set of dishes at the store. They were fine when you bought them, you put them in your car and on the way home you stopped at a garage sale and bought a set of barbells.

You threw the heavy barbells on the dishes and they broke then you went back to the store and tried to get another set of dishes to replace the ones you admitted that you broke.

Ain't gonna happen.
 
A warranty is a pledge by the manufacturer that they will stand by their product if something goes bad. If something breaks within the time specified in the warranty that item that is covered under warranty should be covered unless the warrantor can prove negligence or abuse. Unless abuse is clear cut then the warranty is still in force. In this example the vehicle has had several oil changes in a 29000 mile timeframe. That is hardly abuse. If one or two changes were done in the 2 years 29000 timeframe one could make an argument about abuse, not here. Keep in mind over 2 years thats equal to almost 15000 per year of mostly highway miles which as we all know are easiest on the engines and oil.

Keep in mind that 7000 miles is not excessive for a decent oil. Although this vehicle is different the truckers that drive over 20000 miles per oil change accumulate over a 1000000 before an overhaul is needed.

In Cathy's example the dealer did a visual test of the oil filter and oil to determine abuse. This quick analysis was used to deny a warrantied claim based on abuse. How is this abuse since they never did an accurate analysis? We all know that you can't determine oil lubricating abilities based on a visual inspection of oil filter and oil it would need to be tested by a labratory that specialises in that. That wasn't done here. So how can the manufacturer deny this claim? The engines internals were clean.

This quick judgement by the dealer has basically rendered this vehicle worthless. These folks are paying for a vehicle they can not use that has less than 30000 miles and 2 years old. All because of one persons opinion! Now this person, how many used oil analysis have they performed? What is their background in study for oil, lubrication technology. How many years has this person been an expert in oil analysis.

Now for the sake of argument. When did the oil start to break down and cause this motor to fail? Was it starting at 3001 miles on the oil and finally expired the motor at 6999 of this interval? So how does 3999 miles spread destroy an internally clean motor? A motor with less than 30000 miles was destroyed in 3999 miles with no oil light illuminating or check engine light. How can this be?

If a doctor diagnosed you with cancer after a brief look and no tests what would you think? He just took a quick look and thats all he needed to see. What would you do?

There is abuse here and its not the vehicle thats getting abused.
 
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