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Sabol v. Ford Motor Co.

United States District Court, E.D. Pennsylvania

July 16, 2015

PATRICIA SABOL
v.
FORD MOTOR COMPANY

ORDER

HARVEY BARTLE III, District Judge.

AND NOW, this 16th day of July, 2015, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of defendant Ford Motor Company for summary judgment (doc. # 33) is GRANTED in part and DENIED in part, as follows:

(1) the motion of defendant for summary judgment on plaintiff's "First Cause of Action" (pleading liability under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.) is GRANTED insofar as that claim is premised on the advertising statements identified by plaintiff;

(2) the motion of defendant for summary judgment on plaintiff's "Second Cause of Action" (pleading breach of express warranty) is GRANTED insofar as that claim is premised on the advertising statements identified by plaintiff;

(3) the motion of defendant for summary judgment on plaintiff's "Fourth Cause of Action" (pleading unjust enrichment) is GRANTED;

(4) the motion of defendant for summary judgment on plaintiff's "Fifth Cause of Action" (pleading liability under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Cons. Stat. Ann. § 201-1 et seq.) is GRANTED insofar as that claim is premised on defendant's alleged misrepresentations and fraudulent omissions; and

(5) the motion of defendant for summary judgment is otherwise DENIED.


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