Judge dismisses Ford rollaway class action

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Update:

• A federal judge in Michigan dismissed claims Ford failed to resolve a safety issue with its vehicles that caused them to roll away unexpectedly.
• U.S. District Judge George Caram Steeh ruled the plaintiffs had no standing, determining it was not clear what injuries the plaintiffs suffered because Ford initiated a recall over the issue and offered to fix the affected vehicles at no cost. 
• The plaintiffs claimed Ford, despite conducting multiple recalls over the rollaway defect, had not determined how to properly fix the issue. 
• Ford, in a motion to dismiss, argued it lawfully conducted the recalls under oversight from the National Highway Traffic Safety Administration regulation and in coordination with federal regulators. 

Ford rollaway class action overview: 

• Who: Two Ford drivers hit the automaker with a class action lawsuit.
• Why: The plaintiffs say Ford makes cars that can roll away unexpectedly and has not fixed the issue.
• Where: The Ford rollaway class action was filed in Michigan federal court.

(Jan. 6, 2023)

Ford failed to permanently fix a dangerous rollaway defect in some of its vehicles that can cause them to mvoe unexpectedly despite multiple recalls and years of investigations, a new class action lawsuit alleges.

Plaintiffs Sergio Diaz and Retha Connors filed the class action lawsuit against Ford Motor Co. on Jan. 5 in a Michigan federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, the defect affects about 3 million Ford vehicles, including model years 2013 to 2019 Ford Escapes, 2013 to 2016 Ford Fusions, 2013 to 2018 Ford C-Maxes, 2013 to 2021 Ford Transit Connects and 2015 to 2018 Ford Edge cars.

The plaintiffs allege the root of the problem is the shift cable bushing, the part of the vehicle that connects a car’s transmission to the gear shifts. 

This part breaks down over time causing unintended movement and rollaways and Ford has been unable to work out why, despite knowing of it for years, the Ford class action claims.

“Ford was aware of the defect long before it ever acknowledged its existence,” the plaintiffs allege. “Ford is experienced (and touts itself as such) in the design and manufacture of consumer vehicles and conducts durability tests on all of its components, including shift cable bushings, to verify that the parts are free from defects and comply with their specifications.”

Ford vehicles recalled over issue yet no fix from automaker, lawsuit alleges

The first recall over the alleged defect was in 2018 and affected more than half a million Ford vehicles, according to the Ford rollaway lawsuit. Meanwhile, between April 2015 and March 2022, Ford allegedly received at least 1,630 warranty reports about the defect.

The plaintiffs say Ford offered to replace the bushings with new ones supposedly made from a different material and to install a cap over the bushings, but this is not a permanent fix.

“Indeed, owners have reported that the replacement bushings disintegrated within three years,” the Ford class action claims.

The plaintiffs seek to represent a national class of drivers who own the affected vehicles.

They are suing for violations of the Magnuson-Moss Warranty Act, fraudulent concealment and unjust enrichment and seek certification of the class action, damages, fees, costs and a jury trial.

Ford has been subject to many class action claims. A 2021 lawsuit alleges a Ford Fusion transmission problem can allegedly cause sudden shaking, violent jerking and difficulty stopping.

What do you think of the allegations against Ford in this case? Let us know in the comments.

Diaz and Connors are represented by E. Powell Miller, Sharon S. Almonrode and Dennis A. Lienhardt of The Miller Law Firm PC.

The Ford rollaway class action is Diaz, et al. v. Ford Motor Co., Case No. 2:23-cv-10029 in the U.S. District Court for the Eastern District of Michigan.

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