Christina Spicer  |  September 3, 2015

Category: Consumer News

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Ford class action lawsuitLast week, the plaintiffs filed a rely brief in the class action lawsuit alleging defects in Ford’s hybrid vehicles, arguing that their class action lawsuit was the impetus for Ford’s later recall of the vehicles.

In the class action lawsuit filed in 2013, the plaintiffs allege that Ford’s hybrid sedans can shut down without warning while traveling high speeds due to a weakness in the engine-cooling systems. The plaintiffs allege that defects are present in the 2005 through 2008 models of the Ford Escape Hybrid and the 2006 through 2008 models of the Mercury Mariner. These models were the first hybrid crossovers to be released by a U.S. car manufacturer, according to the Ford class action lawsuit.

The plaintiffs allege in their Ford class action lawsuit that the Motor Electric Cooling System (MECS) Ford uses in those models to diffuse the heat generated by the hybrid vehicles’ battery-powered motor component releases hot air into the atmosphere. To prevent the vehicles from sustaining damage from the heat, the vehicles are allegedly designed to shut down whenever the MECS becomes inoperative.

In a recently filed rely brief, the plaintiffs claim that Ford only instituted a recall of the affected vehicles after a judge refused to dismiss their entire class action lawsuit. “Respectfully,” write the plaintiffs in their motion, “Ford’s story is contrived. In light of all of the foregoing, it is difficult to believe … that plaintiffs’ complaint and the subsequent litigation were not a material factor or contributed to Ford’s recall determination.”

Ford had argued that the present class action lawsuit did not provide any new information about the defect based on its own prior investigation in 2009, even though the automaker had denied the existence or knowledge of a defect throughout the litigation. However, the plaintiffs point out that in its recall notice to the National Highway Traffic Safety Administration in September, Ford said it only discovered the safety issues in April 2014, which plaintiffs noted was issued after their class action lawsuit was initiated.

The plaintiffs also argue that Ford didn’t decide to act until 15 months after they had filed the lawsuit and after the court refused Ford’s motion to dismiss the entire class action lawsuit. “While Ford was aware of the problem since 2009, Ford did not decide to do anything about it until after plaintiffs’ lawsuit highlighted and confirmed that the [motor electronics coolant pump] posed a serious safety defect,” the plaintiffs said in their motion.

The plaintiffs argue that Ford has failed to show that their class action lawsuit played no part in its decision to recall the vehicles and asked that the court award them fees under a catalyst theory.

The plaintiffs are represented by Tarek H. Zohdy, Jordan L. Lurie, Robert K. Friedl and Cody R. Padgett of Capstone Law APC.

The Ford Hybrid Coolant Pump Defect Class Action Lawsuit is MacDonald v. Ford Motor Co., Case No. 3:13-cv-02988, in the U.S. District Court for the Northern District of California.

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4 thoughts onFord Hybrid Recall Initiated As Response to Class Action, Plaintiffs Claim

  1. Kimberly Madden says:

    My 2008 ford escape hybrid keeps shutting down I almost crashed. Lost power. This vehicle is dangerous to drive for several reasons

  2. Anthony Cox says:

    I have the ABS issue AND the Cooling System issue on my Ford Escape Hybrid.
    VIN: 1FMCU49H98KB49620

    1. Kristen Lindsey says:

      I just had my abs go out on my 2008 escape hybrid also & dealing with Ford is ridiculous

  3. Thom Taylor says:

    My 2008 escape has abs issues , just purchased it used less than a month ago and issue after issue, now a cracked tone ring

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