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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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36 thoughts onFord Defective Brakes Class Action Gets Trimmed
Brakes pads and rotors went out at 40k on my 2014 F150, have owed half a dozen F150s, including an F350, never had this issue before.
I have driven Ford F-150s for over 30 years and had great success with them. Easily put over 300,000 miles on each of them.
In 2017 I bought a used 2014 F-150 which I still drive.
A few months ago while in traffic I stepped on the brake and it felt like I was stepping on a plum.
I rear-ended the pickup in front of me and got a ticket for following too close.
I was able to drive the truck away and the brake pedal seemed fine.
I took it to my mechanic the next day and he said I needed a complete brake job on the front.
I have had no other problems since.
Today, (04/27/2022) my sister was driving my moms car. The brakes went completely out and then the car went up in flames. Everything in the car is gone, including personal items. So many “What if” questions go through my mind, but the one I have now is: What can be done to compensate my mom? What steps can we take? Thank you in advance.
Add me
Today, (04/27/2022) my sister was driving my moms car. The brakes went completely out and then the car went up in flames. Everything in the car is gone, including personal items. So many “What if” questions go through my mind, but the one I have now is: What can be done to compensate my mom? What steps can we take? Thank you in advance.
I’ve had two rear ended accidents back to back. October of 2020 midas acknowledged that my Hcu needed to be fixed as soon as possible. Then I received a recall notice saying we an get out cars fixed. Due to the accident, which the blame was turned to me as well as PTSD episodes during the accidents, one location did not want to perform the recall because of the damage which I could not get fix. The first tried to charge me a diagnostic fee but still went under my hood, which was the claimed issue, despite damage from the second accident. 2021 I only drive my car 1000 miles I told them I was not comfortable driving it with my 3 year old son. So I order a part so the hood could be fixed take my car December of 2021 and they discovered they need different parts never knew when anything would be done and encouraged me to take my car, drive it cause they considered it safe. I barely drove it then took it in January 14 2022 and they still have my car, ford has not provided a loaner etc. And I have an autistic son who attends school for 3hrs. Someone has to take him in the morning and I have to use my brother car to pick my son up or to go farther distances because I keep letting Ford reps with a case for me that I am not comfortable and I’ve had accidents back to back which is a result of the recall. They also discovered that my HCU is worse then the original recall and they need more parts, don’t know when anything would be done and still Ford the company did not attempt to find a loaner. They kept harassing the dealership by calling then when I simple asked the reps to find a car. The dealership is short staffed, friendly, and we even had a winter storm. So they’ve had my car since January 14 2022. I’m not getting call backs as promised and the reps are only harassing the service men about my car. It’s causing disruption in my son’s routine, I can’t go anywhere, I told reps from the beginning that I felt like the recall was the cause of the accidents. One in December and one in Feb where I was injured. Yet in between this time I did not drive my car much for fear of an accident and wording of PTSD. I also would not drive the car with my son in it. Someone was supposed to call me yesterday and nothing.
adding to the hundreds of other complaints about Ford braking systems. Reading the articles, it appears the issues are across many Ford cars, SUVs and trucks – a systemic, chronic problem. We have a 2012 Ford Edge that has developed the soft brake pedal issue that results in the pedal going almost totally to the floorboard. I could accept the problem if there was a solid fix and if the problem was isolated. It is chronic, difficult to fix and expensive. Ford needs to step up to the plate and do the right thing, get this issue remedied and get this very dangerous chronic problem fixed. We wrote to Ford Corporate un Dearborn, MI but we aren’t expecting much from them – based on what we have read on-line.
I am going through the same issues with my 2017 Escape, front brakes, master cylinder leaking along with brake pads and rotors and other parts
Brakes failed on my 06 Ford Fusion. Rear ended another person.
Our brakes just failed today while getting groceries with my children with our 2017 Ford Expedition. It is shameful that Ford is not recalling this. I will never buy a Ford again. We had 2 seconds between a low fluid light showing and having zero brakes. You lost a lifetime customer, Ford. Children’s lives are worth more than money.
I have a 2013 Ford edge limited. There is a number of complaints from customers about the brakes failing. I’m currently experiencing these issues myself and have been for the last two years. The break booster was already replaced on the car once it did not solve the problem. I currently have an appointment at John Kennedy Ford in conshohocken Pennsylvania for the 14th of this month to have them look over the vehicle. I’m very concerned that this problem is going to persist and cause an accident. I have my car regularly serviced at that dealership since I bought it used. I purchased the extended warranty that covers me for 5 years $140,000. My vehicle is currently at $108,000 miles.
Currently trying to work with the local dealership for our 2008 Ford Fusion. Have previously tried to get the car in for the HCU recall, only to be told no parts available. The brakes failed a couple of months ago, fortunately no accident. Not so lucky at the end June. Blessed that no one injured, but now there’s damage. In both cases, the brakes restored but we will not drive again until the HCU is replaced. Dealer has parts but booked for a week before we can get in. Doubt they take responsibility for damage.