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Update:
- A plaintiff voluntarily dismissed a class action lawsuit alleging Ford Explorers leak exhaust into the passenger compartment of the vehicle.
- In 2017, plaintiff Mary Boatner claimed carbon monoxide and other gasses leaked into the passenger cabin of Explorers and other similar Ford vehicles. The leak allegedly made the affected vehicles unsafe to drive because the quantities are lethal, she said.
- However, Boatner filed a notice of voluntary dismissal of the claims Oct. 27, 2017, in an Alabama federal court. The notice did not state whether the parties reached a settlement.
- “Dismissal of this action shall be without prejudice to Plaintiff’s right to refile,” the notice states.
(Aug. 07, 2017)
A class action lawsuit alleging Ford Explorers leak exhaust into the passenger compartment of the vehicle was filed in an Alabama court.
Lead plaintiff Mary Boatner claims in her class action lawsuit that carbon monoxide and other gases leak in lethal quantities into the passenger cabin of Explorers and other similar Ford vehicles. The leak, alleges the plaintiff, makes the affected vehicles unsafe to drive.
Boatner says she purchased a 2017 Ford Explorer and at the time of purchase there was no exhaust odor. However, the plaintiff claims, she noticed a strong chemical odor in the vehicle during a 14-hour road trip. She says that although she rolled down her window, the odor would not subside and she suffered fatigue, nausea, and headaches during and after the trip. The plaintiff alleges that she continued to suffer symptoms long after the trip and a visit to the hospital revealed she had high levels of carbon monoxide in her system.
According to the Ford class action lawsuit, Ford issued a technical service bulletin that indicated “[s]ome 2011-2013 Explorer vehicles may exhibit an exhaust odor in the vehicle with the auxiliary climate control system on. Customers may indicate the odor smells like sulfur” for model year 2011 to 2013 Explorers. Another service bulletin, acknowledges an exhaust odor in 2014 and 2015 Ford Explorers, the plaintiff claims.
Further, Boatner says there have been numerous complaints about exhaust odors in 2016 and 2017 Ford Explorers, but the auto company has failed to acknowledge or do anything about these complaints.
“Ford sold or leased hundreds of thousands of defective vehicles nationwide. Each such vehicle was sold or leased in a dangerous and defective condition because each such vehicle contains design flaws, and/or an exhaust and/or HVAC system that permit exhaust and other gases, including carbon monoxide, to enter the passenger compartment during the normal and customary use of such vehicles,” alleges the Ford Explorer class action lawsuit.
Ford has discovered other models that are affected by the same exhaust leak problem, says the plaintiff, including model years 2007-2014 Edge and 2007- 2015 MKX vehicles.
“Plaintiff and the members of the proposed classes reasonably expect to operate their Ford vehicles in a normal and customary manner free from exposure to potentially deadly gases,” argues the Ford class action complaint.
The plaintiff seeks to represent multiple Classes of Ford vehicle owners or lessees. The Ford vehicles included in the class action lawsuit are 2016-2017 Ford Explorers, 2007-2013 Ford Edge, and 2007-2015 Lincoln MKX. The plaintiff also seeks to represent an Alabama subclass.
Boatner claims Ford has violated Alabama state law and the Magnuson-Moss Warranty Act. Additionally, the plaintiff alleges that Ford is in breach of warranty.
The plaintiff is seeking an order requiring Ford to notify consumers of the alleged defect and requiring the car company to repair the vehicles to prevent the exhaust leak. The plaintiff is also seeking damages for herself and the proposed Class as well as attorneys’ fees.
Boatner is represented by W. Daniel “Dee” Miles III, H. Clay Barnett III and Andrew Brashier of Beasley Allen Crow Methvin Portis & Miles PC; Adam J. Levitt, Amy E. Keller and Daniel R. Ferri of DiCello Levitt & Casey LLC; Jordan M. Lewis of Jordan Lewis PA; John J. Uustal and Michael A. Hersh of Kelley/Uustal PLC; and J. Allen Schreiber and Lauren E. Miles of Schreiber Law Firm PC.
The Ford Explorer Leaky Exhaust Class Action Lawsuit is Boatner v. Ford Motor Co., Case No. 2:17-cv-00519-SRW, in the U.S. District Court for the Middle District of Alabama.
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