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Allegations that Ford Motor Company cars were sold with an electronic throttle control system that made them prone to sudden unintended acceleration were not sufficient to hold the company liable for claims of fraud, fraudulent concealment, and unjust enrichment in a class action lawsuit against the company, a West Virginia federal judge ruled Monday. Judge Robert C. Chambers did, however, refuse to dismiss the warranty claims against Ford.
The Ford class action lawsuit, filed in March 2013, involves various models of Ford vehicles manufactured between 2002 and 2010, and represents customers who purchased or leased those vehicles in West Virginia, Florida, Illinois, Maryland, Massachusetts, Michigan, Missouri, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Virginia, and Wisconsin. The vehicles include a few dozen models which are equipped with electronic throttle (“ETC”) control systems. These vehicles are alleged to contain a design defect that allows the ETC to take control of the accelerator from the driver, according to the Ford unintended acceleration class action lawsuit.
In models of these vehicles manufactured after 2010, Ford installed a brake override system to account for the ETC problems. Last year, a $1.1 billion class action settlement was reached with Toyota over similar issues.
Plaintiffs in the Ford class action lawsuit, including lead plaintiff Lance R. Belville, argue that the ETC “rendered the vehicles unreasonably dangerous and defective at the time of purchase,” and said they had suffered economic damages because they paid more to purchase or lease the vehicles than their actual worth.
Ford argued to dismiss the class action lawsuit on a number of points, including that the unintended acceleration “‘may’ be caused by electro-magnetic interference without identifying any specific defect.” Judge Chambers refused to dismiss on this basis, citing in his March 31 ruling the U.S. Supreme Court rulings in Bell Atlantic Corp. v. Twombly and in Ashcroft v. Iqbal. He wrote, “Plaintiffs’ assertion is that the ETC system’s ability to process malfunctions is the defect, irrespective of what caused the initial malfunctions.”
Chambers found Ford’s arguments about economic consideration and fraud more persuasive. In the decision, Chambers wrote “Ford points out that only two of the twenty Plaintiffs named in the Complaint allege they actually experienced a sudden unintended acceleration, and neither of those Plaintiffs alleges they suffered any personal injuries or property damage as a result of those events.” He decided that “those Plaintiffs who have never experienced a sudden unintended acceleration have failed to demonstrate a plausible claim that they paid more for their vehicles than their actual worth.” He also determined that the fraud claim was impossible to uphold, largely because “although Plaintiffs identify … various reports, advertisements, and statements made by Ford, no Plaintiff states he or she actually saw, heard, or relied upon any of those specific reports, advertisements, or statements in deciding to buy a Ford vehicle.”
Plaintiffs in the Ford class action lawsuit are asking for certification of the nationwide and statewide classes, compensatory damages for the difference between what they originally paid for their cars and the actual value of their defective vehicles, and injunctive relief.
The plaintiffs are represented by Adam J. Levitt and John E. Tangren of Grant & Eisenhofer PA, with Spilman Thomas & Battle PLLC, The DiCello Law Firm, Bucci Bailey & Javins LC, Bartimus Frickleton Robertson & Gorny PC, Murray and Murray Co. LPA, Searcy Denney Scarola Barnhart & Shipley PA, Siprut PC, Bremer Whyte Brown & O’Meara LLP, The Miller Law Firm PC and Davis Bethune & Jones LLC.
The Ford Unintended Acceleration Class Action Lawsuit is Belville, et al. v. Ford Motor Co., Case No. 3:13-cv-06529, in the U.S. District Court for the Southern District of West Virginia.
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25 thoughts onFord Unintended Acceleration Class Action Lawsuit Stripped
I found more detail about what cause the accelleration ..it happend to me ..i tell the story and it seems know one bleives me saying i must of step on the gas…well i didnt ..i found out if the carpet that rip and missing the hook that holds the car matt is missing that the floor matt will be push up in to dash under the pedal and trigger the sensor that makes the gas pedal act as if it been press down when it not even being touch ..ford needs to be hold accountable
I found more detail about what cause the accelleration ..it happend to me ..i tell the story and it seems know one bleives me saying i must of step on the gas…well i didnt ..i found out if the carpet that rip and missing the hook that holds the car matt is missing that the floor matt will be push up in to dash under the pedal and trigger the sensor that makes the gas pedal act as if it been press down when it not even being touch ..ford needs to be hold accountable
Same thing happened to me. I wound up driving into my house
Please advise of any active litigation on this
I have sudden unintended acceleration problem on my 2005 explorer with 135k miles. also needs a new transmission. Happens when I apply the brakes. car revs up and goes forward even though I am pushing on the brake. let up on the break and it slows down but now I have no control. Push on the brake again and it speeds up forward. I has happened 4 times with different drivers. unknown cause. very dangerous. lucky I was able to steer out of danger. very close calls. Ford blames the drivers that is BS. need boa system installed at fords expense. People have died because of this problem. Should be a criminal law
My 2005 ford 500 stop accelerating on the highway started going 10mph super scary …. mechanic can’t figure it out I’ll have to bring to ford I called ford and there is no recall for this but many complaints
I had a 2008 ford Taurus X mine accelerated twice on me. Once on the highway I thought I was going to die. The second time was 2 years later on a 4 lane road. I was to afraid to drive it after that sold it and bought a Honda. Called Ford and they acted like they knew nothing about the problem. I was very upset my car looked brand new and only had 55,000 miles on it. It was paid off and I was Planning on keeping it for a very long time. I will never own a Ford again and most of the people I now after all of this refuse to buy Fords.
I purchased a 2010 Explorer about 9 months ago. Today the car accelerated into another vehicle, while I was holding my foot firmly on the brake. I just discovered that this is an issue but cannot figure what the status of the litigation is.
Is there a way to find out?
(754)244-4975
Please call me
Mr. Robin Morla, I have been following this for several years now and nothing is happening. I even left a message for an attorney and that has gone no where. My 2009 Mustang CS Convertible accelerated and I could not stop it. I totaled my car and another car. The officer said he believed there had to be something wrong with the car unless I was just trying to kill myself and I didn’t sound suicidal. The car had around 55,000 miles on it and it was only 6 years old.
last night as I pulled in to 7 11 store I was about to come into acomplete stop going 3mph applied pressure to the break and the car accelerated forcing the car in to 7 11
I was on the highway to work and it just started speeding up got all the way to 100mph I thought it was the cruise control so trying those buttons while using feet to flicker the grass peddle up and the break down I got it down to 30mph thinking it was safe to get off the highway way when the breaks went out and it accelerated back up causing me to hit the median and the truck flipping multiple times. Scariest thing I have ever been apart of.
I have a Lincoln MKX 2008. The automatic acceleration has happened twice to me now. The first time it happened was very scary, my car continued to accelerate while I had my foot on the breaks as the breaks did not hold the car back. I was slowly edging into busy intersection. The second time, I could tell when it was coming on because the brakes would almost lock up or go hard then you would hear the engine or RPM increase. I immediately placed in park and turned car off. When I turned car on it was fine. The engine light does not go on to tell you there is a problem. Mechanic doesn’t see anything wrong with car. I know there is problem. Please advise.