Darling’s Victorious Against Ford Motor Company

April 05, 2011

MAINE - When Ford Motor Company violated Maine law, Darling’s, a long time Eaton Peabody client and Ford Blue Oval Certified dealer, turned to Eaton Peabody litigators Judy Metcalf and Noreen Patient for help. On April 1, 2005, without providing Darling’s with the statutorily required advanced notice, Ford stopped making payments it owed to Darling’s as a Ford “Blue Oval Certified” Dealer. Metcalf, who has significant experience trying cases involving motor vehicle franchise issues, initially brought the matter before the Maine Motor Vehicle Franchise Board, a state agency, for hearing. In its complaint, Darling’s alleged that Ford’s termination of these payments violated notice requirements prescribed by Maine law. After a hearing on the merits, the Board agreed and awarded Darling’s over $250,000 in damages, attorneys fees and costs. Ford appealed the Board’s decision to Maine Superior Court and demanded a jury trial. After transfer of the case to the Business and Consumer Court and a three day trial, the jury upheld the Board’s decision in favor of Darling’s on March 10, 2011.

“We are pleased that the jury reaffirmed our position that the procedural protections afforded auto dealers by the Legislature are there for a reason,” noted Metcalf. “Ford failed to follow those procedures, and Darling’s suffered significant damage as a result.”

A Superior Court justice will now determine the total amount of damages owed to Darling’s along with an award of Darling’s attorneys fees and costs incurred during five years of litigation.