Honda Civic Hybrid's MPGs Wins Appeal of Small-Claims Court

In February of 2012, Honda Civic Hybrid owner Heather Peters was awarded US$9,867 by a small-claims court in California after she accused the Japanese automaker of overstating the car's 50mpg fuel economy figures. However, being that Peters wasn't the only one to refuse Honda's class-action settlement that offered some 200,000 owners US$100-200 each and a $1,000 credit on purchasing a new car, the Japanese company decided to appeal her win.
While lawyers are not allowed in small claims court in California, they are permitted on appeal. And unfortunately for Peters, Honda pulled the big guns hiring a national law firm with more than 800 lawyers to represent the company in court.
On Wednesday, Superior Court Judge Dudley W. Gray II overturned the small-claims judgment against American Honda Motor Co. on the basis that Honda simply advertised the official EPA figures.
Gray's ruling found that while Peters has standing to bring the suit in state court, "federal regulations control the fuel economy ratings posted on vehicles and advertising claims related to those fuel economy ratings" and that Honda at all relevant times "complied with applicable Environmental Protection Agency ("EPA") and Federal Trade Commission (FTC) requirements".
The judge's ruling noted that EPA's estimated miles per gallon ratings are for comparison among vehicles and do not take into account many factors that affect mileage at a given moment.
"Despite these many variables, most of the owners of the subject vehicle achieve fuel economy very close to the EPA estimate," wrote Gray. "A graph was presented that showed the results of real world fuel usage as reported to fueleconomy.gov . The graph demonstrates the bell curve expected in nearly any large group surveyed. The majority of users report mileage very close to the EPA estimates," he added.
Gray also ruled that Honda's advertising slogans did not promise anything.
"With regards to Plaintiff's complaint about Defendant's use of advertising slogans such as "sipping fuel", "amazingly little fuel" and "saves plenty of money on fuel", the Court rules that these are non-actionable sales puffery. They are not specific promises of anything," said Gray.
Peters on her behalf said that she understands the ruling but is disappointed.
"It’s a sad day when regulations designed to protect consumers are used against them. I’m certain that the EPA and FTC never intended to shield Honda from liability for advertising claims that a court of law determined to be false," she said.
"Of course I'm disappointed, but I'm still glad that I raised awareness that Honda is no longer the great brand that it used to be. They used to go the extra mile in customer service, now the go the extra mile fighting customers in court. I guess the moral of the story is buyer beware - especially of Honda!," said Peters.
The court decision is now final, though the ruling will not directly affect the other pending cases on the matter.

PHOTO GALLERY

Nissan SUV Slams Stationary Honda Civic that was Getting Ready to Street Race

We're not saying it can't happen, but the last thing you expect to see on an open road at night is two motionless vehicles occupying both regular lanes. Is it that difficult to see that this is something extremely dangerous for all parties involved? Apparently, the answer is yes…
 
Too bad these drivers had to find out the hard way when an unrelated Nissan SUV slammed into a Honda Civic hatchback that was standing still revving its engine as the owner was preparing to race another Civic on an unnamed road in Tampa, Florida.

Watch Roadside Assistance Pull a Honda Civic from the Top of a Cadillac CTS [Video]

We just got our hands on fresh footage from the January 5 accident in Wellesley, Massachusetts, when a 51-year old driver of a Honda Civic sedan slammed the accelerator pedal instead of the brake and hit a curb that sent his car a flying into a garage and on top of a fairly new Cadillac CTS. Fortunately, no one was hurt from the accident, though both cars were significantly damaged.
The newly released video, which you can watch after the jump, shows the roadside assistance trucks as they were trying to extract the Honda from the parking lot the same way it entered the building.

VIDEO

Honda Sued In Small Claims Court Over Mileage Claims

She’s had it with Honda, and Heather Peters, a former lawyer, hopes her unusual legal approach will garner as much as 10 times the cash reward and potentially serious consequences for the company if others follow her lead.
Peters, unlike the hundreds of Civic Hybrid owners who joined class action suits, decided to take Honda to small claims court over her 2006 Civic Hybrid achieving sub-par mileage. The car is said to get 50 mpg, but according to Peters, her car never came close and only managed 30 mpg as the battery wore.
Her choice seemed more attractive after finding out that people taking part in the suit would probably only receive about $200 cash and a $750 to $1000 rebate incentive to buy a new Honda. She aims to be awarded the maximum $10,000 allowed as of 2012 in California small claims court.
While taking the Japanese car giant to court might seem sort of senile, Peters is far from crazy. The first fist in her corner is that she has a legal background, so she will be able to prepare a case better than your average Honda customer. Second, California small claims court doesn’t allow lawyers, so Honda will have to keep their legal crack shots at home. Third, as Richard Cupp Jr., who teaches product liability law at Pepperdine University, told the associated press, ”the judge will have a lot of discretion and the evidentiary standards are relaxed in small claims court.”
It’s true that most people probably won’t have the time, education, or energy to take Peters’ path against Honda. If she succeeds and others choose to take similar action, she estimates that it could cost Honda as much as $2 billion. For now, she’s launched a site to promote her cause: DontSettleWithHona.org.
As for her future car plans, she is willing to trade her Civic for a comparable car with a manual transmission because it’s all she trusts anymore.