NHTSA Complaint #10045525 — 2003 SUBARU OUTBACK

I BOUGHT A NEW 2003 SUBARU OUTBACK WAGON APPROXIMATELY ONE WEEK AGO FROM SENATOR SUBARU, 3655 FLORIN ROAD, SACRAMENTO, CA 95823, 916-427-1234. I PICKED IT UP ON OCTOBER 27, 2003. ON OCTOBER 31, 2003 I TOOK THE VEHICLE IN TO THE DEALER FOR REPAIR BECAUSE IT WAS SHAKING BADLY AND STALLING WHILE DRIVING AND ON STARTUP. I PICKED THE VEHICLE UP ON NOVEMBER 1, 2003, AND THE DEALER TOLD ME THAT THE COMPUTER HAD TO BE RESET AND THE PROBLEM WAS FIXED. I DID NOT RECEIVE A SERVICE REPORT CHECK OUT SLIP. ON NOVEMBER 1, 2003 IT HAD THE SAME PROBLEM AND ON NOVEMBER 2, 2003, UPON START UP THE VEHICLE EMITTED A NOXIOUS CLOUD OF SMOKE FROM THE REAR. THE AT OIL TEMP LIGHT CAME ON FOR THE DURATION OF A SHORT DRIVE OF APPROXIMATELY FIVE MINUTES. I TOOK THE VEHICLE BACK IN FOR SERVICE ON NOVEMBER 3, 2003. THE MANAGER, MOE, TOLD ME THAT IT WAS NOT SENATOR SUBARUS PROBLEM; IT WAS SUBARU OF AMERICAS PROBLEM. HE SAID THAT HE WOULD BE UPSET TOO IF THIS HAPPENED TO HIM. THE DEALER FOUND A CODE 11" WHICH WAS A TRANSMISSION CODE NOT ACCOMPANIED BY AN ENGINE CODE. THE MAINTENANCE MANAGER TOLD ME THAT THIS INDICATED THAT THE CAR STALLED WHILE BEING DRIVEN. THERE HAVE BEEN AT LEAST FOUR OTHER COMPLAINTS REGISTERED WITH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OF STALLING WHILE BEING DRIVEN OR ON STARTUP FOR THIS PARTICULAR YEAR, MAKE AND MODEL. (SEE ATTACHED COPIES OF COMPLAINTS). ON NOVEMBER 4, 2003, THE DEALERS SERVICE MANAGER ASKED ME TO PICK UP THE CAR BECAUSE THEY CAN NOT DUPLICATE THE PROBLEM. ON NOVEMBER 5, 2003, THE DEALERS SERVICE MANAGER AGAIN CALLED ME AND SAID HE COULD NOT REPLICATE THE PROBLEM. HE SAID HE CLEARED THE CODE 11; THAT THERE IS NOTHING WRONG WITH THE VEHICLE. HE ADVISED ME TO PICK UP THE VEHICLE. THE VEHICLE HAS A DANGEROUS CONDITION (STALLS WHILE BEING DRIVEN) WHICH HAS BEEN IN THE DEALERSHIP UNSUCCESSFULLY TWICE.*AK