Ventura v. Ford Motor Corporation
New Jersey Superior Court, Appellate Division
433 A.2d 801 (1981)
Giuseppe Ventura (plaintiff) bought a Ford vehicle from Marino Auto Sales, Inc. (Marino) (defendants); the contract disclaimed all warranties except Ford's limited warranty to repair or replace certain defective parts, but also stated Marino would perform obligations under an owner service policy, which Ford said obligated Marino to make warranty repairs on Ford's behalf. The vehicle had several defects, and Ventura sued Marino and Ford for rescission and refund; Marino cross-claimed against Ford for indemnification. The trial court granted Ventura rescission, awarded him damages against Marino, awarded Marino indemnification against Ford, and awarded Ventura attorney's fees against Ford; Ford appealed the judgment against Marino and the fee award.
Whether a warrantor may disclaim implied warranties to a consumer in a written warranty.