Ford’s Bid to Dismiss Exhaust Defect Class Action Lawsuit Denied

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On Oct. 7, Ford Motor Co.’s motion to dismiss an exhaust defect class action lawsuit was denied by a Florida federal judge who ruled that Ford’s vehicle warranties cover design defects, making the automaker potentially liable for defect claims. Ford will continue to face allegations of knowingly installing defective exhaust systems in the Ford Explore vehicles, which can allegedly expose consumers to dangerous gases such as carbon monoxide.

In its motion to dismiss the Ford exhaust defect class action lawsuit, the American automaker claims, “the terms of the Warranty Guide expressly excludes warranty coverage for claims of a design defect.” However, U.S. District Judge William P. Dimitrouleas disagreed with Ford’s argument stating that Ford’s warranty is ambiguous and does not expressly exclude design defects from warranty coverage. Judge Dimitrouleas additionally tossed Ford’s argument that the plaintiff could not recover damages on a breach of warranty claim against the company because she bought her Explorer from a Ford dealership and not directly from the automaker.

Finally, the judge ruled the Magnuson-Moss Warranty Act and Florida Deceptive and Unfair Trade Practices Act claims against Ford would stand. Regarding the latter, Ford claimed that only the National Highway Traffic Safety Administration had jurisdiction over in the exhaust defect class action lawsuit claims. Judge Dimitrouleas stated, “Ford’s argument of deferral to NHTSA because Plaintiff’s claims implicate vehicle safety issues has been offered and rejected[.]”

The Ford exhaust defect class action lawsuit was first filed in Florida federal court by plaintiff Angela Sanchez-Knutson who claimed she and her daughter were exposed to dangerous levels carbon monoxide, which caused both of them to suffer chronic headaches while riding in their 2013 Ford Explorer.

Sanchez-Knutson claims she brought her Explorer vehicle to the Ford dealership several times reporting a sulfuric smell in her vehicle. However, during those various visits to the dealership, she alleges she was never informed that this smell a sign of gas exposure leaking into the Explorer cabin through the air conditioning system.

According to John J. Uustal, Sanchez-Knutson’s attorney, the plaintiff and the plaintiff’s counsel “believe that anyone who currently owns a 2011-2014 Ford Explorer should take precautions to protect against carbon monoxide. We are advising people to take certain steps immediately.” Ford continues to deny liability and denies that the automaker ever admitted to a design defect and that the plaintiff’s claim that the dealerships’ technical service bulletins regarding exhaust fumes does not constitute an admission of liability.

Sanchez-Knutson filed to certify a Class for the Ford exhaust defect class action lawsuit during early July, but was rejected by Judge Dimitrouleas, who stated that a motion for Class certification was premature. However, this does not indicate that Class certification is not possible in the future.

Plaintiff Angela Sanchez-Knutson is represented by Michael A. Hersh, Jordan M. Lewis and John J. Uustal of Kelley Uustal PLC.

The Ford Exhaust Defect Class Action Lawsuit is Sanchez-Knutson v. Ford Motor Co., Case No. 0:14-cv-61344, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Aug. 5, 2016, three days before their scheduled trial, the parties in a Ford exhaust defect class action lawsuit notified the court that they reached a settlement.