Ford Fights Cert. Bid in Power Steering Class Action

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In a power steering defect class action lawsuit, Ford Motor Co. is opposing class certification by arguing the plaintiffs’ claims don’t raise issues common to the proposed Class.

Plaintiffs allege that an entire Class of Ford purchasers and lessees were similarly harmed because of a defectively designed power steering mechanism.

Ford now argues that the issues plaintiffs raise are not common among the proposed Class Members but could only be unique to each individual. Therefore they cannot be litigated as a class action lawsuit, the company claims.

The alleged defect at issue has to do with a power steering mechanism installed in the 2010-2014 Ford Fusion and the 2012-2014 Ford Focus.

Plaintiffs say the electromechanical relays in these systems can fail while the vehicle is in motion, causing a loss of power-steering assist.

Ford argues that in making their claims for concealment and breach of implied warranty, the plaintiffs failed to show that common issues predominate.

For example, plaintiffs attempt to include business purchasers and used-car purchasers in the Class, but their claims under the Song-Beverly Act do not apply to those purchasers as a matter of law, the company argues.

Ford also claims the plaintiffs failed to show that all the Class vehicles contained a common defect. Ford says the defects alleged were almost entirely manufacturing problems that varied over time and across different car models due to Ford’s ongoing effort to address the problems.

Ford maintains that the use of the electromechanical relays is not an inherently defective design.

The lack of a common defect also defeats class certification as to the concealment claims, says Ford. The company says plaintiffs have failed to propose a way of quantifying damages that is consistent with their theories of liability.

The Ford power steering class action lawsuit was filed in the summer of 2014.

Plaintiffs allege that in using an electromechanical relay, Ford departed from the traditional – and purportedly more reliable – hydraulic mechanism previously used in power steering systems.

Ford’s stated goals in making the change were to improve fuel economy and the feel of steering, the plaintiffs say.

Plaintiffs claim the novel design is vulnerable to failure in many different ways, all of which supposedly lead to the same result: loss of steering control at speed, creating the risk of a potentially fatal accident.

Ford’s previous attack on the plaintiffs’ claims largely fell flat in February 2016. U.S. District Judge Lucy H. Koh rejected Ford’s argument that the National Highway Traffic Safety Administration had exclusive jurisdiction over the alleged defect due to its initiation of a recall.

However, Judge Koh did dismiss the claims of one plaintiff who received his car as a gift from a family member, finding he had not suffered any economic loss due to the defect.

The plaintiffs are represented by attorneys Roland Tellis and Mark Pifko of Baron & Budd PC, Nathan Atkinson and Niall Paul of Spilman Thomas & Battle PLLC, and Adam Levitt, John Tangren and Mary Thomas of Grant & Eisenhofer PA.

The Ford Power Steering Defect Class Action Lawsuit is Philips, et al. v. Ford Motor Co., Case No. 5:14-cv-02989, in U.S. District for the Northern District of California.

UPDATE: 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 2: 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 3: On February 16, 2017, Ford won summary judgment, resulting in several consumers’ claims being tossed from the class action lawsuit.