Ford Transit Class Action Alleges Flex Disc Defect Poses Safety Risk

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Certain Ford Transit vans have a flex disc defect that poses a serious safety risk to vehicle occupants, a class action lawsuit claims.

According to the Ford Transit class action lawsuit, the flex disc is a “universal joint” located between the transmission and the driveshaft.

It is used to transmit the rotational torque generated by the engine to the driveshaft, which transmits the rotational torque to the axles and wheels in order to propel the vehicle. 

The flex disc is reportedly made out of a flexible rubber material that allows some misalignment and reduces vibration.

“When the flex disc fails, it fails catastrophically,” the Ford Transit class action lawsuit alleges. “The failure causes the driveshaft violently to tear away from the transmission, which can result in severe damage surrounding Vehicle components, including brake and fuel lines, the transmission, rear end differential, torque converter, evaporation container, and other parts, mangling the driveshaft in the process.”

“The damage to these components contributes to a dangerous loss of Vehicle control, including the loss of brakes and engine power,” the Ford Transit flex disc defect class action lawsuit continues. “Further, the forward end of the driveshaft disconnecting from the transmission creates the risk that the driveshaft will ‘catch’ on the ground beneath the Vehicle, violently forcing the driveshaft upwards which can pierce into the passenger cabin and cause the Vehicle to ‘pole vault,’ i.e. catapult the entire Vehicle into the air.”

Plaintiff A. Blair Enterprises Inc., which owns 11 Ford Transit vans, alleges that the flex disc failure is not a “one-time event”; when a Ford Transit van experiences the flex disc failure, Ford allegedly replaces it with another defective flex disc. Ford eventually issued a safety recall on June 28, 2017, the Ford Transit van class action lawsuit says.

The Ford Transit safety recall reportedly recommends owners of the vehicles to replace the flex disc every 30,000 miles until a permanent remedy becomes available. “This aspect of the Safety Recall makes clear that the flex discs fail quickly and repeatedly,” A. Blair Enterprises alleges in the Ford class action lawsuit.

Prior to this recall, Ford failed to acknowledge the flex disc defect despite receiving many complaints from Ford Transit drivers. The plaintiff asserts Ford failed to cover the replacement or repair of affected Ford Transit vans under warranty, causing owners and lessees to spend money to fix the vehicle and lose valuable business opportunities while their Ford Transit vans were being repaired.

A. Blair Enterprises asserts that it would not have purchased the Ford Transit vans, or would have paid less for them, if it had known about the flex disc defect.

The Ford Transit class action lawsuit was filed on behalf of A. Blair Enterprises and a proposed Class of owners and lessees of 2015-2017 Ford Transit vans in Kentucky, who use the vehicles for purposes other than personal, family or household use.

Ford faces allegations of breach of express warranty, breach of implied warranty, fraud by concealment and unjust enrichment.

A. Blair Enterprises is represented by Jasper D. Ward IV and Ashton Rose Smith of Jones Ward PLC and Jonathan D. Selbin, Annika K. Martin and Mark P. Chalos of Lieff Cabraser Heimann & Bernstein LLP

The Ford Transit Van Flex Disc Defect Class Action Lawsuit is A. Blair Enterprises Inc. v. Ford Motor Company, Case No. 3:17-cv-00436-DJH, in the U.S. District Court for the Western District of Kentucky, Louisville Division.