The guy suing is a jazz pianist. I wonder if he would support a lawsuit by an average guy buying a Steinway Piano and then suing Steinway because he doesn't sound like Billy Joel when playing his new Steinway?

Point being, one has to learn how to play/use the new piano/car to get the most out of it.

I just bought my 2007 HCH 2 and a half weeks ago. I traded in my Chevy Blazer that got around 18 mpg. Fist tank of gas, I took it easy on the engine as I would any new car but didn't alter too much of my driving style and returned 41mpg.

I read this site and cleanmpg to help in my research before purchasing the HCH, but not too deeply into the forums. After my purchase, I began to read the boards in more detail to learn as much as I could about getting the most out of my new car. I am now 390 miles into my second tank with a 52.6 mpg average. I haven't altered my driving style too much. I use cruise control all the time on the highways - only now set at 60 instead of 70 and minimize A/C usage. That, along with knowing how to use the sensitive gas pedal and using the gauges to maximize the cars efficiency is pretty much all it has taken for me to be happy be with my mpg returns so far.

If this guy is only getting 26 mpg then I would guess he drove a non-hybrid car very inefficiently as well.