The Ford Motor Company has been strongly criticised by a High Court judge, who praised the courage of a Cork couple who fought an eight-year battle against the company.
On buying their first new car in May 1990, Mr John Marah and Mrs Olive Marah, of Curraheen, Bishopstown, discovered thousands of black spots on the paintwork of the white Ford Fiesta.
Mr Marah (36), a factory worker who bought the car for £8,100 from Kellehers of Macroom, was awarded £3,750 damages in the Cork Circuit Court. The company appealed the decision and yesterday Mr Justice Quirke awarded the couple £15,000.
The judge said he had no doubt but that Mr Marah was persuaded to buy the car by Kellehers and the Ford's advertising, which heralded the "Ford Cares" slogan and offered promises including six years' anti-rust warranty.
When he bought the vehicle, Mr Marah was entitled to a car of high quality that would stand up to wear and tear and atmospheric conditions.
In August 1991, Mr Marah discovered thousands of tiny black spots on the roof and other parts of his new car and he informed the Kellehers.
The car was examined by various experts on behalf of the company which claimed the spots were caused by airborne pollution probably from building work being done at Apple Computer, where Mr Marah worked, or from the incinerator at the Cork Regional Hospital where his wife sometimes parked the car.
The judge was highly critical of the evidence presented on behalf of Ford and said he failed to understand why one of them had been so discourteous to Mr Marah when he offered to have the car checked under a specific process which would determine the cause of the problem at a cost of just £150.
Mr and Mrs Marah were credible witnesses and he accepted their car was kept at home or parked at Apple or the Regional Hospital, where it was improbable that airborne pollution would affect it. It was more likely that the car was subjected to some form of sulphur processes or airborne pollution from the car factory or where it was parked before being sold as this was an area with high industrial contamination.
Mr Marah had contracted for a brand new vehicle and after buying his first new car he intended changing it every two years. Instead of being able to enjoy their purchase they were subjected to problems and anxieties as well as the stress of two court actions. The judge complimented them for their courage in fighting a major company such as Ford with its unlimited financial resources. He criticised Ford strongly for the manner in which it had treated good customers like the Marahs.
Mr Justice Quirke overturned the Circuit Court order and awarded Mr Marah £15,000.