Ford Defective Brakes Class Action Gets Trimmed

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Update:

• U.S. District Judge Gershwin A. Drain in part denied Ford’s bid for summary judgment in the class action lawsuit alleging  2013-2018 Ford F-150 trucks were equipped with a defective front brake master cylinder that can cause the vehicles to suddenly and unexpectedly lose braking ability.
• The Michigan federal judge first ruled that testimony from Ford’s own engineer indicates the company knew that its 2016 recall of the F-150 trucks with faulty brakes did not resolve the issue. 
• Judge Drain also noted that discussions among Ford engineers and sales from 2011 to 2013 indicate the company knew about the brake defect long before 2016 when Ford argued it first learned about the defect.
• Judge Drain tossed claims from two named plaintiffs. One plaintiff had purchased the affected truck for her business, which does not fall under the California law being cited. The other plaintiff sold his vehicle before Ford had a chance to examine it. 

(02/17/2020)

A Michigan federal judge recently dismissed some claims brought in a Ford class action lawsuit, although other claims regarding F-150 brakes were preserved.

On Feb. 11, U.S. District Judge Gershwin A. Drain returned a partial denial in response to a dismissal motion from Ford Motor Company, arguing that their F-150 trucks were not equipped with defective brakes.

Several plaintiffs filed their Ford class action lawsuit in August 2018. They argued that 2013-2018 Ford F-150 trucks were equipped with a defective front brake master cylinder from Hitachi. According to the plaintiffs, this component can cause the vehicles to suddenly and unexpectedly loose braking ability.

The front brake master cylinder helps control the amount of brake fluid pushed to the front brakes of a vehicle. When these components work properly, they make sure that brake calipers on each wheel can clamp on the wheel rotors and stop the vehicle from moving.

According to the Ford class action, the “piston cup seals within the Master Cylinders roll within their grooves and become unseated, allowing brake fluid to escape from the Master Cylinder” in the affected vehicles.

“This loss of brake fluid leads to a loss of hydraulic pressure and a resulting loss of brake function for the Class Vehicles’ front brake circuits,” the Ford class action lawsuit argues.

Although the claims were previously dismissed in July 2019, the plaintiffs filed an amended complaint in the next month. Ford filed their opposition to the claim in October 2019, arguing that the new complaint should again be dismissed.

In opposing the plaintiffs’ express warranty claims, Ford argued that two of the plaintiffs are unable to bring the allegations since they were dismissed in prejudice from the original complaint. For the other plaintiffs, Ford argues that they haven’t proved the company breached limited warranty. The company included similar arguments for breach of implied warranty of merchantability.

According to Judge Drain, both implied and express warranty claims must be dismissed in accordance to Ford’s arguments. Since these claims were dismissed, Judge Drain also dismissed the plaintiffs’ Magnuson Moss Warranty Act claims.

Although the court dismissed these warranty claims, Judge Drain allowed the plaintiffs’ fraud based claims to continue. The plaintiffs reportedly satisfied the requirements to bring these Ford class action claims under West Virginia and Georgia state laws.

Finally, the judge agreed to dismiss the unjust enrichment claims brought in the Ford class action lawsuit. According to the dismissal order, no changes were made to these claims between the original and amended complaints.

Have you experienced braking issues with your vehicle? Share your experiences in the comments section below.

The plaintiffs are represented by E. Powell Miller, Sharon S. Almonrode, and Dennis A. Lienhardt of The Miller Law Firm PC, W. Daniel “Dee” Miles III and H. Clay Barnett III of Beasley, Allan, Crow, Methvin, Portis & Miles PC, and Adam J. Levitt, John E. Tangren, and Daniel R. Ferri of Dicello Levitt & Casey LLC.

The Ford F-150 Brakes Class Action Lawsuit is Weidman, et al. v. Ford Motor Company, Case No. 2:18-cv-12719-GAD-EAS, in the U.S. District Court for the Eastern District of Michigan.

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