Civic Hybrid frivolous lawsuit

[wed3k]

they're going to bitch about something anyways...thats why they are getting a hybrid, to prove a point.

[GhostAccord]

She sues Honda and wins. Then drives away in the same car that she has been complaining about. That makes sense doesn't it. Guess she won't mind it only getting 30mpg now!

[owequitit]

Actual mileage varies. It depends on driving habits, vehicle maintenance and condition, temperature, humidity, altitude, and what roads are driven on (for example... driving in NYC or LA is VERY different than driving in a less-crowded city)
There's also the possibility that she just happened to get a lemon. Honda's quality is very good, but I'm sure they churn out a clunker or two from time to time. It happens.

On the flip side of the coin, my Fit is advertised at something like 32mph. I routinely get 36-42mpg, and I drive it quite hard. It also has 238k miles on it. Should I sue Honda for inaccurately advertising the mpg?



I don't like that she won because it sets a precedent. Now anyone that has one of these cars can sue. A class action lawsuit could very possibly put Honda out of business. The Civic hybrid has been around for quite a long time now, and we're just now seeing the results of one disgruntled owner? Just because she's a lawyer (who, if I recall, is no longer a laywer... makes me wonder why.)

Yet another reason I REFUSE to live in California. The courts are stupid. She should never had won because Honda doesn't control the "rated" MPG from the EPA, hybrids have horrible MPG variability, and at some point they can't be held liable for everything.

[Leung]

Well with an article published today, it seems like this lady's case was thrown out and now she has to pay for Honda's court fees.

http://autos.yahoo.com/blogs/motoram...172731204.html

[Ravens_CB7]

Well with an article published today, it seems like this lady's case was thrown out and now she has to pay for Honda's court fees.

http://autos.yahoo.com/blogs/motoram...172731204.html

the link doesnt work......

[Ravens_CB7]

Yet another reason I REFUSE to live in California. The courts are stupid. She should never had won because Honda doesn't control the "rated" MPG from the EPA, hybrids have horrible MPG variability, and at some point they can't be held liable for everything.

i soooo agree with this^^^^

[F20A CB7]

She sues Honda and wins. Then drives away in the same car that she has been complaining about. That makes sense doesn't it. Guess she won't mind it only getting 30mpg now!

aint that rite!

[owequitit]

Well with an article published today, it seems like this lady's case was thrown out and now she has to pay for Honda's court fees.

http://autos.yahoo.com/blogs/motoram...172731204.html

Absolutely the way it should have been in the first place.

1) Honda doesn't rate their vehicles. The EPA tells them EXACTLY how to run the test, and then they publish those numbers. The EPA is responsible for verifying said MPG performance through random sampling.

2) She filed it in small claims court because she knew she had a better chance of winning (former lawyer, and obviously not a very good one), and it cost her practically nothing.

3) I was glad Honda decided to appeal the case because this kind of frivolous stuff can't stand from a moral and business standpoint. Ironically, the lady who sued said she was very surpised that Honda came after her, which basically means she was looking for a quick, easy, $20 grand. There is a whole legion of attorneys that go after large companies like this because they know it is cheaper for the company to settle than fight. Personally, my legal department would vigorously counter-sue ALL of them (unless I was truly negligent) just on principle.

I hope it costs her in the thousands upon thousands of dollar range.

[Leung]

Absolutely the way it should have been in the first place.

1) Honda doesn't rate their vehicles. The EPA tells them EXACTLY how to run the test, and then they publish those numbers. The EPA is responsible for verifying said MPG performance through random sampling.

2) She filed it in small claims court because she knew she had a better chance of winning (former lawyer, and obviously not a very good one), and it cost her practically nothing.

3) I was glad Honda decided to appeal the case because this kind of frivolous stuff can't stand from a moral and business standpoint. Ironically, the lady who sued said she was very surpised that Honda came after her, which basically means she was looking for a quick, easy, $20 grand. There is a whole legion of attorneys that go after large companies like this because they know it is cheaper for the company to settle than fight. Personally, my legal department would vigorously counter-sue ALL of them (unless I was truly negligent) just on principle.

I hope it costs her in the thousands upon thousands of dollar range.

I think it only cost her 75 bucks.

[wed3k]

I think it only cost her 75 bucks.

but it also made her look like a fool

[h22sparkle]

Man I think that's messed up how she just went in to sue. Now I done seen it all people are petty as shit.

[deevergote]

Absolutely the way it should have been in the first place.

1) Honda doesn't rate their vehicles. The EPA tells them EXACTLY how to run the test, and then they publish those numbers. The EPA is responsible for verifying said MPG performance through random sampling.

2) She filed it in small claims court because she knew she had a better chance of winning (former lawyer, and obviously not a very good one), and it cost her practically nothing.

3) I was glad Honda decided to appeal the case because this kind of frivolous stuff can't stand from a moral and business standpoint. Ironically, the lady who sued said she was very surpised that Honda came after her, which basically means she was looking for a quick, easy, $20 grand. There is a whole legion of attorneys that go after large companies like this because they know it is cheaper for the company to settle than fight. Personally, my legal department would vigorously counter-sue ALL of them (unless I was truly negligent) just on principle.

I hope it costs her in the thousands upon thousands of dollar range.

I think Honda should take her to civil court, and charge her with defamation of character. Her case may have been a "small claims" case, but the negative press it generated was harmful to Honda. As you said, the numbers are the result of EPA testing and publication, not Honda's own claims. If they are incorrect, they are clearly displayed on all documentation as "EPA estimates". Honda makes no claims or promises of their own.
Not to mention, MPG is largely subject to driving habits, conditions, and vehicle maintenance.

I could drive my Fit at WOT as often as possible (more than I do now... ) and get something like 20mpg... then I could sue Honda because I only got 20mpg when they promise at least 32?
(I actually DO drive my Fit hard... full throttle, hard acceleration, high-revving downshifts around curves, 4k RPM highway cruising... and I STILL get 36mpg on average, or more.)

[owequitit]

I think Honda should take her to civil court, and charge her with defamation of character. Her case may have been a "small claims" case, but the negative press it generated was harmful to Honda. As you said, the numbers are the result of EPA testing and publication, not Honda's own claims. If they are incorrect, they are clearly displayed on all documentation as "EPA estimates". Honda makes no claims or promises of their own.
Not to mention, MPG is largely subject to driving habits, conditions, and vehicle maintenance.

I could drive my Fit at WOT as often as possible (more than I do now... ) and get something like 20mpg... then I could sue Honda because I only got 20mpg when they promise at least 32?
(I actually DO drive my Fit hard... full throttle, hard acceleration, high-revving downshifts around curves, 4k RPM highway cruising... and I STILL get 36mpg on average, or more.)

It is a possibility, but unlikely. Honda would be made to look like an evil mongering corporation if they went after her. Especially in liberal California. They probably don't need to because their ultimate goal was realized. A) She lost which reverses the vindication of her outcome. More importantly though, it sets the precedent that people can't just take everyone to small claims court because they don't like something. It essentially closes the potential flood gates that would have opened had the original ruling stood. I guarandamntee there were THOUSANDS of people waiting in the wings to see if it would be a good idea to file based on X reason.

And Deev I would LOVE to see you get 20MPG out of that thing. If I take mine on a long mountain run there and back with the revs up the whole time and opening it whenever I can, I still can't manage to get less than 25MPG. Even at low altitudes driving like a complete asshole, I have never been able to get below 23MPG. And that was with 4 or 5 people in the car, in the dead of summer, with the A/C on. I wasn't racing just accelerating fast, and then stopping fast etc.

[GhostAccord]

I think it only cost her 75 bucks.

Oh well , it's $75 out of her pocket and Honda doesn't pay her shyte! Now hopefully she can move on and buy a Toyota. Then she could have the drive by wire throttle stick wide open...... That would be something worth complaining about. Not a 5-6 year old car's drop in MPG.

[wed3k]

It is a possibility, but unlikely. Honda would be made to look like an evil mongering corporation if they went after her. Especially in liberal California. They probably don't need to because their ultimate goal was realized. A) She lost which reverses the vindication of her outcome. More importantly though, it sets the precedent that people can't just take everyone to small claims court because they don't like something. It essentially closes the potential flood gates that would have opened had the original ruling stood. I guarandamntee there were THOUSANDS of people waiting in the wings to see if it would be a good idea to file based on X reason.

And Deev I would LOVE to see you get 20MPG out of that thing. If I take mine on a long mountain run there and back with the revs up the whole time and opening it whenever I can, I still can't manage to get less than 25MPG. Even at low altitudes driving like a complete asshole, I have never been able to get below 23MPG. And that was with 4 or 5 people in the car, in the dead of summer, with the A/C on. I wasn't racing just accelerating fast, and then stopping fast etc.

pull a plug, it can be achieved.