Case details

Car dealer argued customer’s collision not from faulty brakes

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
ankle, arm, back, bleeding, brain, brain injury, foot, fracture, hand, head, headaches, hip, impairment, left ear, lower back, sensory, severe headaches, shoulder, speech, traumatic brain injury, vision, wrist
FACTS
On June 30, 2012, plaintiff John Franks, 42, who worked in short-term loans, purchased a used 2006 Ford Taurus from a Sunrise Ford dealership near Los Angeles. The car came with a standard used-car drivetrain warranty. Franks claimed that he immediately had problems with the vehicle and that the anti-lock braking system (ABS) indicator light illuminated as he drove home from the dealership. Following a telephone call to the service department about the ABS light (which indicates the brakes are not protected from locking), he returned on July 2 to the dealership’s service department. The car was examined in the service drive, and a worker poured in brake fluid and told him that his vehicle was repaired. The next day, Franks claimed, as he was driving, he attempted to stop at an intersection but the brakes would not stop the car. He entered the intersection and was involved in a collision. Franks sustained to his head, shoulder, arm, hand, wrist, back, hip, ankle and foot. Franks sued Sunrise Ford, alleging the brake repair and inspections were faulty, leading to the brake failure and the collision. In discovery, Franks learned that Sunrise had replaced the rear brakes about 10 days prior to his purchase of the car. After the collision, the rear brakes were found to be leaking brake fluid from the brake wheel cylinders. Sunrise Ford denied that the brakes were deficient and that Franks ever came back to the dealership after the purchase. Though Franks and his children testified that Franks did return, Sunrise Ford noted there was no paperwork from the date and no actual knowledge that Franks ever came back. Counsel further contended the brakes were fine and that if Franks stepped on the pedal, the vehicle would have stopped. Counsel noted the vehicle was examined by both experts after the collision. Though the vehicle was unrepairable and undriveable, counsel asserted the braking system was intact. Testimony by several witnesses indicated that brake fluid was found leaking from the rear brake cylinders following the collision. Frank’s mechanical expert opined that the leaking was going onto the rear-brake linings, reducing efficiency enough to cause the collision. Sunrise Ford noted that most of the braking is done by the front brakes of a vehicle and the dealership’s expert on sales and repairs opined that even if there was leaking, the brakes would stop the vehicle. The case was bifurcated, with liability tried before damages., Franks sustained a mild traumatic brain injury, bleeding from left ear, neck pain, a right shoulder injury, pain in upper portion of right arm, pain and weakness in his right hand, a cracked bone on right wrist, bruising on right ribs, a lower back pain injury, and pain in the right hip, right ankle and foot. Franks claimed he suffers severe headaches and almost complete loss of vision in the right eye. Franks claimed continuing problems and claimed he could no longer work.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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