Honda loses small claims court lawsuit re Hybrid

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Skid

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http://www.latimes.com/business/money/la-fi-mo-honda-loses-civic-lawsuit-20120201,0,6604197.story Los Angeles County Superior Court Commissioner Douglas Carnahan ruled that the giant automaker mislead Civic owner Heather Peters when it claimed that the hybrid could achieve as much as 50 miles per gallon. Peters said the Torrance Small Claims Court commissioner awarded her $9,867 in damages, very close to the maximum $10,000 allowed in Small Claims Court that the Los Angeles resident was seeking.
 
Honda hybrids have been iffy ever since their introduction. This is not surprising at all. With that said, hybrids do have a tendency to have very significant "swings" in fuel economy, regardless of brand. That's one thing that a lot of people do not understand and I feel that manufacturers really need to communicate this better to their customers who are not enthusiasts.
 
Oh yeah, lots of national legal precedents come from small claims courts. Most of the marsupials running them wouldn't know the rules of evidence if you hit them with the textbook.
 
according to Fueleconomy.gov: Original EPA rating: City-49 Highway-51 Combined-50 New EPA rating:(MPG estimates for 2007 and older vehicles have been revised - more realistic testing) City-40 Highway-45 Combined-42
 
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It is like real estate was during the boom years; The Green Thing. A lot of people jumped on the bandwagon but did not think things through. It seems that Honda needs to concentrate bettter on mileage, which is what consumers want. Toyota does better. My son just drove a Prius from Alhambra to Boston and say he got about 50 miles per gallon. But he was using good driving techniques too, as I taught him.
 
It seems like the firmware change hurt the mileage a lot. I'd want to know what the EPA mileage is for the Civic Hybrid with the updated firmware.
 
Originally Posted By: Skid
It seems like the firmware change hurt the mileage a lot. I'd want to know what the EPA mileage is for the Civic Hybrid with the updated firmware.
Diesel passenger cars are gaining steam now because finally slow to learn and none to bring joe american consumer is realizing that modern car diesel engines are quiet, smooth, have loads of torque, and they get amazing mpgs ..WITHOUT DRIVING THEM IN A VERY SPECIFIC WAY, unlike the hybrid gimmick products.
 
I wish I could find something silly to throw a fit over and get some money. My dad has a first gen Civic Hybrid. It's a piece of [censored] and a transmission eater, but it does get 50 MPG on the highway. My dad also easily gets 30 MPG out of Crown Vics too though. Put me in the same vehicles and the mileage drops like a rock. Maybe the second gen Civic Hybrid is even more useless than the first gen, but I'm still tempted to call [censored] on this lawsuit.
 
Originally Posted By: Skid
It seems like the firmware change hurt the mileage a lot. I'd want to know what the EPA mileage is for the Civic Hybrid with the updated firmware.
My understanding was that this firmware "upgrade" was what caused the class action and the disappointed owners. I believe the cars were performing reasonably close to the marketing before Honda tweaked it after the sale. Regarding cases like these, I've been looking a little bit into "implied warranties" and how they apply to vehicle longevity. I only looked because of our Xterra that has many stories of owners having to replaced timing chains at 70-80k, and Nissan has documented it as a problem in two TSBs. To me, a timing chains "expected" lifespan is much longer than 70k miles and the TSBs show Nissan is aware there is a problem. It would seem you could argue that the repair would fall under an implied warranty for a timing chain motor. The ability to apply the idea of "implied warranty" and "merchantability" varies by state though, as does the rules regarding small claims court. Here in VA, you can get up to $5k and no lawyers are allowed.
 
Originally Posted By: Skid
It seems like the firmware change hurt the mileage a lot. I'd want to know what the EPA mileage is for the Civic Hybrid with the updated firmware.
The firmware update for improved battery life is what killed the MPGs. Prior to the update, owners were near EPA estimates. My understanding is that after the update, many were reporting low to mid 30s. I wonder whether Honda will appeal and try to force this owner back into the class action.
 
It surprised me that this won. I looked at the window sticker of a car just to double check. There is indeed a statement that says, your mileage may vary depending on driving conditions, vehicle condition, etc. How on earth could you win a lawsuit like this, with a disclaimer like that included in the EPA estimates?
 
Originally Posted By: cchase
How on earth could you win a lawsuit like this, with a disclaimer like that included in the EPA estimates?
Honda already settled a class action lawsuit--they admitted fault, so I'm not sure why it's a surprise that she won?? I say good for her. This story is much about the lame class action settlement as it is about Honda.
 
In AL if the defendent refuses to pay after the small claims court proceedings you have to file additional papers to put a lien on their property or file a garnishment against them. I used the latter to get my money from a company. All court costs were included in the settlement I got.
 
Any verdict in any jurisdiction in California, local, county, state or federal, is completely suspect, and subject to review by a higher court. Unless a "jury of his peers" is a wholly natural, 100% organic blend of... FRUITS & NUTS!
 
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