Plaintiffs: Keep Ford Power Steering Defect Class Action on Track

Putative Class Members hit back at an automaker’s motion to dismiss a Ford power steering defect class action lawsuit, differing on how to interpret case law at the state level and arguing that the car maker misconstrued the statements of the owners of recent Ford Fusion and Ford Focus sedans.

According to the original Ford class action lawsuit, the advanced power steering system was supposed to assist drivers by changing the ratio of the steering wheel to the actual wheels. However, the plaintiffs noted five separate issues in the system that, without a battery backup or other failsafe device, can allegedly lead to a complete failure of the steering system.

The majority of Ford’s motion to dismiss the power steering defect class action lawsuit concerned the economic loss doctrine which provides, in general, that plaintiffs who have sought damages based on breaches of warranties cannot do so under other violations of law. However, the class action attorneys acting on behalf of the Ford owners argued that state law in Arizona and others allows for a number of exceptions.

Further, according to the memorandum in opposition to dismissal, the plaintiffs argue that Ford Motor Company is holding them to a higher standard than is actually required. Specifically, they write that, “Courts nearly universally recognize that … fraud by omission claims [need not] ‘specify the time, place, and specific content of an omission as precisely as would a … false representation claim.’”

Even still, they say that the plaintiffs each adequately demonstrated that they were misled by Ford about the defect at the time of sale through the various dealership, answering the “Who, What, Where, When and How” conditions required.

Further, while Ford wrote that plaintiffs must have suffered a power system defect resulting in the system’s failure in either a Ford Fusion or Ford Focus, the memorandum in opposition to dismiss the class action lawsuit argued otherwise. Following the massive tire recalls faced by Bridgestone and Firestone, plaintiffs sought damages based on similar breaches of contracts.

The Seventh Circuit Court of Appeals wrote that “a plaintiff is not required to show that a defect has caused harm before bringing a claim for breach or express or implied warranties,” according to the plaintiffs in the Ford power steering defect class action lawsuit.

Finally, the class action attorneys argue that just because owners are still operating the vehicles beset by issues with the advanced power steering system does not mean that they want to. “[T]his is largely a function of financial exigencies and Ford’s wrongful refusal to replace or repair the vehicles. It has nothing to do with the vehicles’ merchantability or the existence or severity of the defect,” the memo notes.

The plaintiffs are represented by class action attorneys from Baron & Budd PC, Grant & Eisenhofer PA and Spilman Thomas & Battle PLC.

The Ford Power Steering Defect Class Action Lawsuit is Philips, et al. v. Ford Motor Co., Case No. 14-cv-02989, in the U.S. District for the Northern District of California.

UPDATE: On Feb. 22, 2016, a federal judge struck down Ford’s argument that claims in the case should be trimmed from the class action lawsuit in light of its recent recall.

UPDATE 2: On Mar. 24, 2016, Ford Motor Co. asked a federal judge to dismiss an implied warranty claim in a proposed class action suit against the car manufacturer over faulty power steering claims in certain models of Focus and Fusion vehicles. Ford stated that the claim was already dropped previously and could not be added back as part of the current lawsuit.
UPDATE 3: On May 3, 2016, a federal judge denied Ford Motor Co.’s request to dismissimplied warranty claims from a consumer class action lawsuit alleging the power steering system in some Ford cars is prone to failure.UPDATE 4: On Sept. 19, 2016,Ford opposed class certificationby arguing the plaintiffs’ claims don’t raise issues common to the proposed Class.UPDATE 5: On Dec. 22, 2016, a California federal judge denied a motion for Class certification in a class action lawsuit filed by three Ford drivers who allege certain Ford Focus and Fusion vehicles are affected by a power steering defect.UPDATE 6: On Jan. 10, 2017, Ford Motor Company asked the court to grant summary judgement in a class action lawsuit brought by California drivers who say the automaker concealed certain power steering defects in Fusion and Focus cars.UPDATE 7: On February 16, 2017, Ford won summary judgment, resulting in several consumers’ claims being tossed from the class action lawsuit.