Anne Bucher  |  September 27, 2016

Category: Consumer News

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Ford sign and flags near Ford selling and service center.A California federal judge has certified a proposed Class of Ford Focus owners whose vehicles allegedly suffered from a rear suspension defect that caused tires to wear down prematurely.

U.S. District Judge William B. Shubb on Friday certified a Class of consumers in California who purchased or leased a model 2005 through 2011 Ford Focus, who still own the vehicle and who currently reside in the United States.

The Ford suspension defect class action lawsuit was initially filed in 2011 by plaintiff Margie Daniel, who claims 2005 through 2011 Ford Focus vehicles have a defect in the rear suspension geometry that causes premature tire wear, which can cause decreased control in handling, steering and stability. Tire wear also increases the risk of catastrophic tire failure.

Daniel asserted claims for breach of express warranty under the California Commercial Code, breach of implied warranty under the Song-Beverly Consumer Warranty Act, breach of warranty under the Magnuson-Moss Warranty Act, violation of the California Legal Remedies Act and violation of California’s Unfair Competition Law.

In June 2013, Judge Shubb granted a motion for summary judgment in favor of Ford and later denied the plaintiffs’ motion for Class certification.

Daniel appealed this ruling, and the 9th U.S. Circuit Court of Appeals reversed the summary judgment ruling, finding that Judge Shubb erred when he determined that the warranty did not cover the alleged suspension defect.

Ford filed another motion for summary judgment, but Judge Shubb in May 2016 denied the motion as it pertained to Daniel.

However, he granted the motion as applied to all of the other plaintiffs who were previously named in the Ford Focus suspension defect class action lawsuit.

Daniel subsequently filed a motion asking the judge to certify a Class that does not include Ford Focus purchasers who have sold their cars.

In Friday’s order, Judge Shubb found that Daniel and her attorneys were able to prove that the rear suspension defect was common to all Ford Focus vehicles with the same rear suspension system.

Therefore, the fact that tire treads wore out at different rates doesn’t affect the appropriateness of Class certification, according to the judge.

Judge Shubb notes that there are likely tens of thousands of Class Members affected by the alleged Ford Focus rear suspension defect, an assertion that was not contested by Ford’s experts.

According to Judge Shubb, Daniel has sufficiently argued that the court has jurisdiction to handle the class action lawsuit and make determinations about whether Ford had a duty to disclose the alleged rear suspension defect, when it discovered the alleged defect, and how much it knew about the defect.

Daniel is represented by James Allen Carney of Carney Bates & Pulliam PLLC; John B. Thomas and Eric Grant of Hicks Thomas LLP.

The Ford Focus Rear Suspension Defect Class Action Lawsuit is Daniel, et al. v. Ford Motor Co., Case No. 2:11-cv-02890, in the U.S. District Court for the Eastern District of California.

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4 thoughts onFord Focus Suspension Defect Class Action Certified by Judge

  1. Burt Wakabayashi says:

    Buying tires like crazy 4th or 5th set on 2009 Focus. I didn’t keep receipts need to go to dealer and costco to obtain. Tire place claims maybe worn struts but now I know.

  2. george matherly says:

    HOW CAN I GET IN ON THIS? IM BUYING TIRES EVERY 6 MONTHS

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

      1. Dylan Skutches says:

        Is this case resolved yet? My 2005 Focus is so dangerous and my rear tires are ruined. I did not know there was a class action for this issue!

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