Stevie, There was never any validation her car wasn't driven in a manner that shouldn't warrant bad fuel economy. Testing her car to validate it could get better fuel economy would have laid that question to rest. But it didn't.
Honda Wins Appeals Decision in Civic Hybrid Lawsuit: How It Happened
If you've been waiting to design your very own 2013 Ford Fusion, your wait is officially over.
The judge is an idiot. Two major mistakes in his ruling. First, the statement that most drivers get the mileage advertised. Anecdotal at best. The data presented to him is wholly unreliable. There are at least three significant problems using data from fueleconomy.gov. 1. The data is self reported. There is no way to validate any of the information. It could have been Honda employees that wrote the reviews. The site itself says: "DISCLAIMER: Average user estimates are based on data from Your MPG users rather than official sources. Since the source data cannot be verified, neither DOE nor EPA guarantees the accuracy of these estimates." 2. The sample size is too small for statistical significance. For the data, if you were to accept it, to be valid you need about 1000 samples. Less than 300 have reported mileage on the site. 3. Finally if you look at the mileage averages before the software change and after, the mileage drops around 7% for those who reported. Secondly, the point that the software package doesn't increase performance is the problem. It decreases performance. He totally misses that point. There are other issues I have with the ruling like what are "normal driving" practices. I'll still continue with my suit and hopefully get a reasonably intelligent judge.
Bought my wife a 2006 Civic Hybrid, broke the engine in right myself. It has always had synthetic oil in it (Honda dealer uses dino oil), so it should get slightly better gas mileage. It has NEVER gotten 50mpg and my wife is SMALL AND LIGHT. On the other hand, it has never gotten 29mpg. 35 - 44 depending on conditions and load. If the EPA got 50mpg it was all downhill. It is a nice car, has never given any problems, but it does NOT get 50mpg.