Company sues Ford and seller over malfunctioning tow truck

A Tennessee towing company has filed suit against a Madison County truck sales company and Ford Motor Company, alleging it has experienced numerous problems with the tow truck it purchased.

Ray Phillips, doing business as Able's Towing, says he purchased a 2008 Ford F450, which is more commonly known as a tow truck, from Chevron Commercial Inc. in Madison County on Feb. 13, 2008.

For the vehicle, Phillips paid $73,002, according to the complaint filed June 26 in Madison County Circuit Court.

"Immediately upon receipt of the Vehicle from the Chevron Plaintiff experienced and continues to experience mechanical malfunctions, which inhibit full function of the Vehicle, and make the Vehicle unfit for the ordinary purpose for which it was purchased and to be used," the complaint says.

The mechanical malfunctions include the failure of the truck to heat and cool properly, the suit states.

Chevron originally purchased the truck from defendant Crossroads Ford Truck Sales, which should not have sold the truck because it was not fit for the purpose it was to be used, Phillips claims.

Ford breached its warranty because Phillips could not use the truck for the purpose he bought it.

In the four-count suit, Phillips is seeking a judgment of more than $200,000, plus attorney's fees, costs and other relief the court deems just.

Brian R. Kalb and Micah S. Summers of Byron, Gerber, Petri and Kalb in Edwardsville will be representing him.

Madison County Circuit Court case number: 09-L-675.