00-3420 MCI EXPRESS, INC. VS. FORD MOTOR CO.

State: Florida

Court: Florida Southern District Court

Docket No: 3d00-3420

Case Date: 09/30/2002

Plaintiff: 00-3420 MCI EXPRESS, INC.

Defendant: FORD MOTOR CO.

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF
MCI EXPRESS, INC.,
BETTY MYERS, and
DONALD KAPLAN, as assignee,

Appellants,
vs.
FORD MOTOR CO. andFORD MOTOR CREDIT CO.,
Appellees.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 ** ** ** ** CASE NO. 3D00-3420 ** ** LOWER
TRIBUNAL NO. 97-27472 CA
**
**
Opinion filed September 30, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Herbert Stettin, Judge.
Adorno & Zeder, and Raoul G. Cantero, III and Natalie J. Carlos, for appellants.
Carlton Fields, and Wendy F. Lumish, for appellees.
Before GERSTEN, GREEN, and SORONDO, JJ.
PER CURIAM.
MCI Express, Inc. ("MCI"), Betty Myers, individually, and Donald Kaplan, as assignee, appeal the trial court's orders of final judgments in favor of defendants Ford Motor Co. ("Ford")
and Ford Motor Credit Co. ("Ford Credit"). We reverse.
FACTS

MCI, a company in the long-haul trucking business, leased forty-six Aeromax A-95 trucks from Ford. The trucks consistently suffered from driveline and vibration problems. MCI reported driveline failures in twenty-one of their trucks, as well as other problems allegedly caused by the vibrations (such as cracks in the windshields, tire wear, etc.). MCI sued Ford and Ford Credit for breach of express and implied warranties, fraud and/or misrepresentation, negligence, and rescission of contract (specifically against Ford Credit). MCI alleged that its trucks suffered from several manufacturing and design defects, that the drivelines would fail and fall off the trucks, and that the driveline malfunctions caused severe vibration, damaging other parts of the vehicles. Ford Credit then filed a counterclaim against MCI, including counts of breach of contract, replevin and wrongful detention.
During the seven-week trial, Ford produced evidence showing that while there had been some problems with the drivelines on the Aeromax trucks, the damages claimed by MCI were not attributed to a design defect but to poor maintenance, abusive driving practices, and outright sabotage. MCI had a high turnover of truck drivers and maintenance workers and often failed to carry insurance on the trucks. Additionally, the company's maintenance records showed
large gaps between service on the trucks.
At trial, MCI

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