Tuesday, January 20, 2009

Hybrid Owner's Suit gets Green Light


I never thought that a Honda would be a "gas guzzler" and also! Its a hybrid. Honda's themselves are miraculously a gas saver (former honda car owner) and it was great! But I guess Honda supposedly did some false advertising. A San Diego, Calif., man who says his 2004 Honda Civic Hybrid is more gas-guzzler than green can sue the automaker for false advertising, the 4th District Court of Appeal said Monday.

On a 2-1 ruling (pdf), the court reinstated Gaetano Paduano's state law claims that American Honda Motor Co. misleadingly told potential Civic Hybrid buyers that they could achieve great gas mileage by driving the model just like any other car. A San Diego County Superior Court judge improperly dismissed the claims in 2006, the appellate majority held.

"On summary judgment, it is Honda's burden to present evidence demonstrating that a reasonable person could not find that it is more likely than not that Honda's statements are false and/or misleading," Justice Cynthia Aaron wrote. "Honda has not met this burden, since Honda presented no evidence to demonstrate that the claims in its brochure could not mislead a reasonable person, as a matter of law."

The three-justice panel did uphold the trial court's decision to toss Paduano's breach of warranty claims.

Paduano's attorney, Michael Lindsey of San Diego, said he had not discussed the ruling yet with his client.

"Originally he just wanted his money back," Lindsey said. Now, "I don't know."

Honda is already the target of a federal class action, pending in the Central District of California, which claims that the company inflated the savings and mileage figures Civic Hybrid drivers could achieve.

Original Article

1 comment:

Anonymous said...

That was interesting… My sister used to drive a Honda. She's driving a Toyota now but is thinking of trading it in and upgrading to a hybrid. It's an investment she's willing to make, not just for the sake of saving money in the long run but also for the betterment of the environment as well.