SABOL v. FORD MOTOR COMPANY

Filing 47

ORDER THAT FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS HEREBY ORDERED THAT THE MOTION OF DEFENDANT FORD MOTOR COMPANY FOR SUMMARY JUDGMENT #33 IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 7/16/15. 7/16/15 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICIA SABOL v. FORD MOTOR COMPANY : : : : : CIVIL ACTION NO. 14-6654 ORDER AND NOW, this 16th day of July, 2015, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of defendant Ford Motor Company for summary judgment (doc. # 33) is GRANTED in part and DENIED in part, as follows: (1) the motion of defendant for summary judgment on plaintiff’s “First Cause of Action” (pleading liability under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.) is GRANTED insofar as that claim is premised on the advertising statements identified by plaintiff; (2) the motion of defendant for summary judgment on plaintiff’s “Second Cause of Action” (pleading breach of express warranty) is GRANTED insofar as that claim is premised on the advertising statements identified by plaintiff; (3) the motion of defendant for summary judgment on plaintiff’s “Fourth Cause of Action” (pleading unjust enrichment) is GRANTED; (4) the motion of defendant for summary judgment on plaintiff’s “Fifth Cause of Action” (pleading liability under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Cons. Stat. Ann. § 201-1 et seq.) is GRANTED insofar as that claim is premised on defendant’s alleged misrepresentations and fraudulent omissions; and (5) the motion of defendant for summary judgment is otherwise DENIED. BY THE COURT: /s/ Harvey Bartle III J. -2-

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