2012年2月7日火曜日

US Honda Civic Hyblrid owner win

米ホンダは、シビックハイブリッドの誇大広告裁判で敗訴した。
勝訴したのは、小額裁判所(?)で訴訟したシビックハイブリッド所有者。
広告では、50mile/gallonとしていたのに、30mile/gallonにしかならな
かったとのこと。
 
弁護士がいらない小額裁判所の判決で、目標どおり、米ホンダにこづかい
をせびることに成功したようだ。
所有者は、集団訴訟に参加することを禁止された。
米国のシビックハイブリッド所有者は、200,000人とのこと。
その中で何かは集団訴訟をしており、判決は3月のようだ。

10モード表記までは、カタログの7割~8割くらいが、実際の値との説も
あった。しかし、ハイブリットになると、滑空(?)の多用により、燃費
も大きく変わるようだ。
最近は、電気自動車にエンジンがついた燃費60kmと表記する車も発表され、
燃費と呼べるかとの意見もある。

米トヨタ 急加速調査終了


---米裁判所、ホンダに賠償命令 燃費で不当広告---
2012年2月2日 12時37分
http://www.tokyo-np.co.jp/s/article/2012020201000868.html

 【ロサンゼルス共同】米ロサンゼルス郡地裁は1日、購入したホンダのハイブリッド車の燃費が広告よりも悪いため、予想外のガソリン代の出費を強いられたと主張する女性の訴えを認め、同社に9867ドル(約75万円)の賠償を命じた。
 ガソリン価格上昇や環境意識の高まりから米国のドライバーの間でも燃費への関心は高まっている。女性は同様の不満を持つ人々に訴えを起こすよう呼び掛けており、メーカー各社が競って燃費の良さをアピールする環境対策車の販売戦略に影響を与える可能性もある。
 ホンダは「判決は納得できない。上訴する」との談話を発表した。


---Woman Wins Suit on Honda Hybrid Mileage---
FEBRUARY 1, 2012, 9:17 P.M. ET
http://online.wsj.com/article/SB10001424052970204740904577197752297646324.html

LOS ANGELES-The Southern California owner of a Honda Motor Co. hybrid car won her unusual small-claims court lawsuit against the auto maker over the vehicle's failure to deliver its stated fuel economy.

Los Angeles Superior Court Commissioner Douglas Carnahan awarded Heather Peters $9,867 on Wednesday, saying Honda misled her about the expected mileage.

"At a bare minimum Honda was aware...that by the time Peters bought her car there were problems with its living up to its advertised mileage," Mr. Carnahan wrote in the judgment.

Ms. Peters opted out of a class-action lawsuit so that she could try to claim a higher payment for the failure of her Civic to deliver the 50 miles per gallon that was promised when she bought it.

Informed of the decision by the Associated Press, Ms. Peters exulted, "Wow! Fantastic."

"I am absolutely thrilled. Sometimes big justice comes in small packages," she said. "This is a victory for Honda Civic owners everywhere."

Honda hadn't seen the decision Wednesday afternoon but planned to issue a statement after it was reviewed, said spokesman Chris Martin.

Ms. Peters, a former lawyer, hoped to inspire a flood of lawsuits by the other 200,000 owners of the hybrid Honda Civic model sold in 2006. She said that if all 200,000 owners of the cars sued and won in small-claims court, it could cost Honda Motor $2 billion.

She launched a website, DontSettleWithHonda.org, and said she was contacted by hundreds of other car owners seeking guidance in how to file small-claims suits if they opted out of a class-action case already filed.

The upside of small-claims court is that there are no attorneys' fees and cases are decided quickly. Individual payments are far greater than in class-action cases.

Honda's proposed class-action settlement would give aggrieved owners $100 to $200 each and a $1,000 credit toward the purchase of a new car. Legal fees in the class-action case would give trial lawyers $8.5 million, Ms. Peters said.

Legal experts had said it was unlikely that all owners would take the small-claims route because of the time and energy involved in pursuing such lawsuits. But it was a unique approach that could have an impact.

Mr. Carnahan held two hearings on the claim in January.

Ms. Peters claimed her car never came close to the promised 50 miles per gallon and that it got no more than 30 mpg when the battery began deteriorating. She still owns the car and wanted to be compensated for money lost on gas, as well as punitive damages, amounting to $10,000.

A Honda technical expert who testified at an earlier hearing said the company was required by federal law to post the sticker estimating the highest mileage the car could get. But he said the mileage varied on how the car was driven. The company said Ms. Peters wasn't deceived.

A judge in San Diego County is due to rule in March on whether to approve Honda's class-action settlement. Members of the class have until Feb. 11 to accept or decline the deal.

Small-claims courts generally handle private disputes that don't involve large amounts of money. In many states, that means small debts, quarrels between tenants and landlords and contract disagreements. Attorneys aren't usually there; in California, litigants aren't allowed to have lawyers argue their case.

The limit for small-claims damages in California is $10,000. In other states it ranges from $2,500 to $15,000.


---Calif. Honda owner wins small-claims suit over gas mileage---
Feb 01, 2012
http://content.usatoday.com/communities/ondeadline/post/2012/02/calif-honda-driver-wins-small-claims-suit-over-gas-mileage/1?csp=34news

A Los Angeles small-claims court today sided with a Honda owner who argued the automaker misled her about the actual gas mileage of her 2006 Civic Hybrid, the Associated Press reports.

Heather Peters was awarded $9,867 by Los Angeles Superior Court Commissioner Douglas Carnahan. In the judgment, he wrote, "At a bare minimum Honda was aware ... that by the time Peters bought her car there were problems with its living up to its advertised mileage."

BLOG: Woman takes Honda to small-claims court over gas mileage

AP says it broke the news to Peters, a former lawyer who opted out of a class-action lawsuit over the car's failure to deliver the 50 miles per gallon that Honda advertised.

"I am absolutely thrilled. Sometimes big justice comes in small packages," she said. "This is a victory for Honda Civic owners everywhere."

To settle the class-action suit, Honda wants to offer owners $100 to $200 each and a $1,000 credit toward buying a new car. Peters said lawyers would collect $8.5 million.

Peters said that if all 200,000 owners of the 2006 Civic Hybrid sued in small-claims court and won, it could cost Honda Motor Co. $2 billion. Lawyers doubt that most unhappy owners will take that route.

A Honda spokesman told AP the company hadn't seen the decision but planned to issue a statement after it was reviewed.

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