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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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34 thoughts onJudge dismisses Ford rollaway class action
Bought my car in 2017 with 74k miles. My 2013 ford fusion needs a transmission replaced AGAIN after replacing it already in January of 2020. It does not accelerate properly and the RPM’s go up but my car does nothing. I would like to be apart of this lawsuit as I’ve paid it off and it has no value because of this.
My 2016 Ford Fusion started doing this within the month of June. I took it to an auto shop to be looked at, and they weren’t able to locate the issue (I have a picture of the error message that showed on my dash and a video of the event). The issue with my car has been everything described in this article with the “sudden shaking, violent jerking and difficulty stopping.” Since the first time my car has done this, it has happened three separate times. I would like to be apart of this lawsuit as I am unable to drive my car out of concern of this happening again and worried about the potential harm or damage it would case if it happened during a moment where I am unable to pull over safely.
Add me to lawsuit.. have a 2013 ford fusion. Bought in 2017…my car is did everything stayed in lawsuit.. last week I was getting into highway, pushed on the gas pedal to go and it did not go into gear, from 1st to 2nd. I almost hit… a year ago I took it to ford house and had it flushed cause of issues. That didn’t help. I want in on the lawsuit
I just bought a 2015 Ford fusion and I’m on my 4th car payment and it’s shifting hard, downshifting when I slow down, shaking at times, I’m at a lose on what to do. I owe alot of money still on it.
Add me. My 2020 Ford fusion was doing this and even after taking to ford continued to do it
2020 ford escape transmission problem fixed 2 tomes still doing the same
Ford edge is with the problem
Not only have that problem but a faulty design on ford escapes that coolant leaks into cylinder which in turn goes into the engine. Ford has known about this problem and did NOTHING to fix it. I had no warning and now I need a new engine and they say 10 thousand dollars to fix it.
Same issue with coolant leaking into the cylinder and them telling me it requires a full block replacement for $8500 on a 2017 Fusion. If I had known about the defect before buying this car, I never would have bought it.
Can I still join if I have a ford focus
How do I join? My car is a Ford Escape. It just quit one day and would no longer go into gear. I towed it to Woody Anderson Ford in Huntsville, AL. They did not even discuss the recall. They told me my transmission was slipping. Wanted to charge me $6800 to fix it. I had it towed to another non-Ford shop. They told us the transmission is not repairable. A third party came and ran test and determined there was unknown sediment in the transmission, probably from the bushing malfunctioning. It is proven bushings may seem like simple components of your transmission, but they can cause big problems. If you find that your transmission is stuck in gear and you can’t shift out, damage to the bushings and other parts of the linkage or shifter assembly could be the culprit.”
I still don’t have a car. I can’t pay $6800 for a transmission caused by Ford. By the way. Woody Anderson Ford sent a mobile team to fix my recall at the other shop. Not sure why that wasn’t first or priority.
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