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October 27, 2008

Area man sues Sears, others over mower power

The class-action suit also names many other makers of lawn mowers, mower engines.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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SCRANTON – A Plains Township man has filed a federal class action lawsuit against Sears Roebuck Co. and multiple other manufacturers of lawn mowers and mower engines, claiming the companies have misstated the horsepower of their engines and engaged in a decades-long conspiracy to conceal the alleged fraud.

The suit, filed Oct. 16 in federal court in Scranton, makes allegations against some of most well-known names in power engines, including Briggs & Stratton, Toro and America Honda Motors. It was filed on behalf of Pierre Skelton, but seeks to include millions of consumers who purchased lawn mowers from the defendants from 1994 to present.

Skelton, of Cheryl Street, purchased a Craftsman lawnmower from the Sears store in the Wyoming Valley Mall in 2001, according to the suit.

The complaint, filed by attorneys from Pennsylvania, New York and Louisiana, alleges Sears and the other defendants have for decades fraudulently sold lawn mowers with labels that state the engines produce a higher horsepower than they actually do.

It further claims the defendants engaged in a wide-ranging conspiracy, including pushing through amendments in labeling requirements, to ensure the alleged fraud was not uncovered.

Larry Costello, a spokesman for Sears Corporate office, said the company does not comment on pending litigation.

Horsepower of lawn mowers is a crucial factor in determining how well the machine performs. The higher the horsepower, the better the performance and the higher the price of the mower.

The suit, filed by lead attorney David Miller of Michael J. O’Connor and Associates of Frackville, claims the defendants engaged in a variety of activities designed to confuse and deceive consumers about the true power of their mowers.

One of those deceptions involved reporting the gross horsepower of a mower, which is the theoretical maximum power it could exert in laboratory conditions, rather than net horsepower, which more accurately reflects how the equipment would work in the real world, the suit says.

The suit further alleges the defendants formed a “Power Labeling Task Force” that conspired to change labeling standards set by the Society of Automotive Engineers, an organization that sets engineering standards for engines. That change in the labeling allowed the defendants to have a “fudge factor” of up to 15 percent to be added to horsepower labels.

Reached at his home, Skelton said he got involved in the case after reading about other suits that challenged horsepower ratings of mowers. He contacted a law firm, which asked him to be the lead plaintiff in a class action suit.

If classified as a class action, the suit would allow millions of persons who purchased mowers in the specified time frame to join in the case. The suit also seeks an injunction that would prevent the defendants from continuing the alleged fraudulent labeling, as well as compensatory and punitive damages.

In addition to Sears, Toro, Briggs & Stratton and Honda, the suit names as defendants Deere & Company, Tecumseh Products Company, Platinum Equity LLC, Kawasaki Motors Corp., MTD Products Inc., Electrolux Home Products Inc., Husqvarna Professional Outdoor Products Inc. and Kohler Co.

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