A Ford dealership sign.
HOUSTON - The First Court of Appeals on Tuesday denied The Ford Motor Company’s appeal to dismiss a lawsuit alleging an oil change at a dealership damaged an Expedition.
This lawsuit, brought by Brian Cweren, arises out of alleged faulty vehicle repairs ending with heated tempers and an alleged assault, according to Ford’s appellate brief.
Cweren took his 2012 Ford Expedition, which had over 180,000 miles on it, to Russell & Smith Ford for an oil change. After his vehicle began experiencing multiple issues, he sued for fraud and breach of contract.
In response, Ford filed a Rule 91a motion to dismiss, arguing that the pleaded causes of action against it have no basis in law or fact because pursuant to the Texas Occupations Code, Ford may not own an interest in a franchised dealer or dealership, operate or control a franchised dealer or dealership, or act in the capacity of a franchised dealer or dealership.
The trial court denied the motion on April 25, 2025, and Ford proceeded to file an appeal the following month.
In its brief, Ford argued that automobile dealerships are independent and distinct entities outside of the control and authority from automobile manufacturers in Texas and asked whether the trial court abused its discretion since Cweren never purchased any services or had any dealings with Ford.
“Simply put, Ford Motor Company is not — and cannot be — liable to Mr. Cweren …,” the brief states. “Ford did not have any interactions with Mr. Cweren, did not undertake to repair Mr. Cweren’s vehicle, did not perform any repairs on Mr. Cweren’s vehicle, and, certainly, did not ‘assault’ Mr. Cweren.
“None of Mr. Cweren’s claims have any basis in law or fact. The trial court abused its discretion, leaving Ford Motor Company without an adequate remedy on appeal, when it denied Ford’s Rule 91a Motion to Dismiss.”
Ford had requested the First Court order the trial court to vacate its order denying its motion to dismiss.
In their opinion, justices did not state why Ford’s petition was denied.
Ford is represented by the Austin law firm Thompson, Coe, Cousins & Irons.
Appeals case No. 01-25-00344-CV
