Civic Hybrid Mileage Plaintiff’s Past Cars Presented As Evidence in Small Claims Appeal

Honda may have thought it had Heather Peters and her series of legal actions about the Civic Hybrid’s inability to deliver its claimed fuel economy behind it, but the saga is not quite over. The automaker had hoped to have the matter settled after a court-approved class-action would grant up to 200,000 Civic owners between $100-200 in cash, and up to $1500 in rebates toward the purchase of a new Honda.

But Peters then took the action of taking her case to small claims court. In February, she was awarded $9867. Peters has since encouraged other owners to take the small-claims route, and 1700 owners have opted out of the class-action settlement to pursue that strategy.

Facing a potential avalanche of small-claims suits with awards up to the $10,000 maximum allowed in small claims courts, Honda has filed an appeal to Peters’ award.

During the course of a hearing this week, Peters’ past vehicles were brought up as potential evidence that the shortfall in fuel economy might be due more to the driver’s habits than a problem with the vehicle itself. Peters’ last three vehicles have been two BMW Z3 roadsters, an X5, and a Mazda RX-8, none of which are particularly known for their frugality. She also had the audacity in the course of questioning to call her Civic Hybrid “the least attractive, least sporty car I’ve ever purchased,” in front of Judge Dudley Gray and Honda’s attorneys.

The hearing is scheduled to re-convene this coming Thursday, and will likely be watched closely by other automakers that have come under criticism and scrutiny from advocacy groups for their vehicles not meeting economy claims.

Per small-claims rules, the ruling for this case will be final, and further appeals will not be possible.

Motor Trend