Back in February 2010, Dave and Mary Porter purchased a red Ford Escape. After a few months, Ford issued a recall on the vehicle’s transmission system. Even though the Porters had the recall work done, the transmission on their Escape allegedly never worked properly. After taking it back for more work several times, the Porters sought to have their Escape declared a “lemon” under Wisconsin’s Lemon Law. Ford offered the Porters a replacement Escape, but it was blue instead of red. The Porters rejected the replacement vehicle as not comparable due to its color.
The Porters have now sued Ford in Milwaukee County Circuit Court. Ford is claiming that the Porters’ original vehicle is not a “lemon,” and that, even if it was, the replacement vehicle is sufficient, even though it is a different color. The Porters contend that their original vehicle is a “lemon,” and that the replacement vehicle is insufficient, because the red color of their original Escape was a key factor in their decision to purchase the vehicle. A jury will now have to decide the case.