Defense Trial Victory: Breach of Vehicle Service Contract Claims

(Last updated July 2, 2008)

The San Francisco Superior Court granted Severson & Werson a defense verdict on behalf of Ford Motor Service Company (“FMSC”) in the case of Smith v. Ford Motor Service Co. et al (Case No. CGC-06-449896) on July 7, 2007.

The plaintiff sued both the manufacturer and FMSC in the San Francisco Superior Court, alleging as to FMSC breach of a vehicle service contract. At the jury trial, FMSC prevailed after the close of Plaintiff's evidence on a motion for non-suit. In granting FMSC's motion, the court relied on the California Supreme Court case of Gavaldon v. DaimlerChrysler Corporation (2004) 32 Cal.4th 1246 and held that there was no breach because the vehicle service contract was not a warranty on the vehicle, but rather a contract to repair or replace parts.

Mark J. Kenney, the Chairman and Managing Director of Severson & Werson and Kristin L. Walker, a Member of the Firm, comprised the trial team responsible for this victory.