As Ford attempts to dodge a shattering sunroof class action, plaintiffs in the case argue that the company is legally obligated to face their claims.
According to plaintiffs Jacob and Jessica Beaty, Ford sold Escape SUVs with panoramic sunroofs as early as 2007 despite allegedly knowing that the vehicles’ sunroofs could shatter without warning.
In the plaintiffs’ argument to U.S. District Judge Ronald B. Leighton, they insisted that the court should deny Ford’s recent bid for summary judgement.
To support their argument, the plaintiffs claimed that they possess evidence which proves that Ford knew about the defect plaguing their panoramic sunroofs but failed to warn consumers.
Instead, the company allegedly deceived consumers into paying a higher price for the defective feature. This reportedly resulted in countless consumers paying for panoramic sunroofs or paying a premium price for the features which they would not have done if they were aware of the defects.
“By concealing its knowledge of the [panoramic sunroof] defect from NHTSA regulators and the public at large, Ford is able to sell vehicles with luxury upgrade [panoramic sunroofs] at prices normally charged for non-defective vehicles,” the plaintiffs argued in their Ford class action brief.
“Ford thus profited, and continues to profit, at the expense of plaintiffs and other customers, who received defective vehicles worth less than the non-defective vehicles for which they had bargained.”
The Beatys claim that, due to this deception, the auto company should not escape the Ford class action lawsuit against them – including claims under the Washington Consumer Protection Act.
The Beatys aim to represent “proposed class of all persons in Washington who purchased or leased a Ford vehicle with a Ford factory-installed [panoramic sunroof] manufactured by either Webasto or Inalfa with fully tempered glass panels.”
Eligible vehicles reportedly include 2007–2014 Ford Edge, 2013–2017 Ford Escape, 2011–2017 Ford Explorer, 2007–2015 Lincoln MKX, 2010–2017 Lincoln MKT and 2009–2016 Lincoln MKS vehicles.
The Beatys allegedly experienced the defect in their own 2013 Ford Escape. In their Ford class action, the couple detailed their experience of driving down the interstate and suddenly having their sunroof shatter. Their daughter was reportedly in the car at the time. As a result of the shattering, Jessica and her daughter were allegedly left with scratches on their hands and faces.
According to the Ford class action, the defect stems from a design flaw. The panoramic sunroofs are reportedly made from large, thin, curved panels which are fasted to the vehicle frames. Unfortunately, the design of these panels allegedly causes environmental stresses such as vehicle movement to be absorbed into the glass – making it prone to spontaneous shattering.
Since the Beatys filed their Ford class action, several motions have resulted in changes to their claims. In January 2018, several breach of warranty claims were trimmed from the class action.
Do you own or lease a Ford vehicle equipped with a panoramic sunroof that shattered unexpectedly? Share you experiences in the comment section below.
The Beatys and the proposed Class are represented by Beth E. Terrell, Amanda M. Steiner and Benjamin M. Drachler of Terrell Marshall Law Group PLLC, Gregory F. Coleman, Mark E. Silvey, Adam A. Edwards and Lisa A. White of Greg Coleman Law PC and Paul J. Hanly Jr., Mitchell M. Breit and Eric S. Johnson of Simmons Hanly Conroy LLC.
The Ford Sunroof Class Action Lawsuit is Beaty, et al. v. Ford Motor Co., Case No. 3:17-cv-05201, in the U.S. District Court for the Western District of Washington.
UPDATE: On Feb. 11, 2020, a federal judge dismissed a class action lawsuit filed against Ford by a customer who claimed that the panoramic glass sunroof in her Ford Escape spontaneously shattered while driving on the freeway.
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36 thoughts onFord Drivers Say Company Should Face Shattering Sunroof Class Action
My Ford Explorer’s panoramic sunroof suddenly shattered while driving on a smooth highway with my three kids in the backseat, right under the shattered glass. It’s been a huge stress. My insurance company sounds like they won’t help with the $11,000 cost for repair because there was no sign of impact.
I’ve had this happen twice.