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A Pennsylvania federal judge last week trimmed the majority of claims from a class action lawsuit accusing Ford Motor Co. of knowingly selling vehicles with defective engines, saying they weren’t sufficiently pled.
The Ford engine class action lawsuit was launched in December by a group of plaintiffs who claimed that Ford manufactured, assembled and marketed a class of vehicles with defective 5.4 L V8 engines that caused acceleration hesitation, stalling, loss of revolutions per minute (RPM), sudden deceleration and loss of power. They claim that this defect affects certain Ford vehicles, including the F-150, Expedition and Lincoln Navigator. They allege that Ford knew about the defect because it issued a technical service bulletin with instructions on how to repair the defects to its dealers in August 2008.
On September 23, U.S. District Judge Eduardo C. Robreno dismissed more than a dozen claims in the class action lawsuit. He found that the plaintiffs failed to provide details about when, where and from whom they acquired their allegedly defective vehicles. Specifically, the plaintiffs did not specify whether any Ford employees were involved in the transactions.
Judge Robreno also took issue with the plaintiffs who did not have to pay for any repairs because they did not state how they had been harmed by Ford’s alleged omissions. For this reason, he dismissed the claims for common law fraud and alleged violations of consumer protection laws. He also dismissed claims for negligent misrepresentation under Pennsylvania, Illinois and California law.
“They plead, in the fashion of a formulaic recitation of the elements of their fraud-related causes of action, that they ‘justifiably and reasonably relied on defendant’s deceptive conduct, nondisclosure, misrepresentation or omission,’” Judge Robreno said. “But they fail to plead any facts or circumstances that might support this bare allegation of justifiable reliance.”
In its motion to dismiss the Ford engine class action lawsuit, the automaker claimed that the 17-count complaint sought relief under the laws of five different states, but the plaintiffs failed to plead notice according to their respective state laws. Judge Robreno agreed with Ford in this respect.
“This already-complex legal situation is further exacerbated by the fact that the plaintiffs are not similarly situated,” Ford said in its motion. “They own different vehicles, with different model years; some vehicles are within warranty and some without; some vehicles have allegedly malfunctioned, and some have not; and some plaintiffs have ‘repaired’ their vehicles, while others have not.”
Judge Robreno will allow claims for express and implied breach of warranty for lead plaintiff Jason Schmidt to proceed, and unjust enrichment claims under Illinois law for plaintiff Stephen Gooder. He will also allow plaintiff Lee Pullen’s quasi-contract claim under California law and the nationwide injunction claim to proceed.
The plaintiffs are represented by Larry E. Coben, Sol H. Weiss and Julie P. Thompson of Anapol Schwartz.
The Ford Engine Defect Class Action Lawsuit is Schmidt et al. v. Ford Motor Co., Case No. 2:12-cv-07222, in the U.S. District Court for the Eastern District of Pennsylvania.
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26 thoughts onFord Engine Defect Class Action Lawsuit Survives, Barely
I have a Ford f150 5.4 lariat crew cab. Mine started with the knocking noise at about 50000. Took it in to the Ford dealership, they didn’t even open the hood. They just said it’s like this with all the 5.4 triton engines. Try putting heavier oil in it. I have done everything by the book when it comes to service work. On Oct. 8 I left the store and headed to get my son from school turned the truck off when I started it up to leave it was shaking, sputtering, knocking really loud and wouldn’t go over 25mph or 2000 rpms. I was only a few blocks from home so I drove it home if that’s what you want to call it. Can’t afford to have it towed to a shop or to have them tell me you need to replace the motor and then have it towed back to my house. It’s paid off and the only vehicle or family of five has. Ford it’s a shame that you make billions of dollars off of the people that help pay to keep your doors open, but you are unwilling to help those same people. I wanted to get my wife the new Taurus, but if you’re not going to fix the problems you all ready put out who’s to say you aren’t still building them the same way. American made is supposed to mean quality, better than the rest, made to last, setting the standard of how the rest of the world should be building. We should have pride in what we build or make and stand behind it even if we do make mistakes. That’s what American made should mean! Remember Ford just because you make them doesn’t mean we have to buy them. I just want it fixed!
I have a 2005 F-150 Super Crew with this motor as well. Check engine light came on at 80,400 miles and diagnosed needing a new motor. Transmission is also slipping. I would like to get involved with this case too. How do I get involved, paying $8k for a new motor is not acceptable. I bought mine brand new off the showroom floor from Livermore Ford in Livermore, CA
I have a 2005 Expedition with engine problems also. How can I be a part of this class action suit?
I have a 2004 f150 Lariat, at 71,000 miles it started having a knocking sound kind of like a deisel. Had it checked by my mechanic, who was unable to pin point the problem. The cam phasers were ok along with the timing chains and guides. I would like to be a part of the class action suit.
I’ve had to replace the engine and the transmission in my 2004 F150. I had an issue with the camphasers at around 55k miles, had an engine rattle in it ever since then. The trans went out at 87K miles and then the engine let loose at 91k miles. I would really like to join in this lawsuit. I have owned this truck since 2005 and bought it from a ford dealer with 15K miles on it.
I too have a 2004 f150 fx4 with 5.4 triton engine.. Camphasers were problematic and noticeable as soon as I drove it off the lot..was told that this was normal and common..63,000 miles later and truck motor is finished.. How can I join in on this lawsuit?
how do I sign up for the law suit. Have a F-150
I own a 2004 lariat F-150 5.4 L V-8. it was in the Allen Vigil Ford dealership collision center due to an accident. My truck never had any knocking or ticking sound before I dropped it off. All of a sudden when I pick it up it’s knocking like it’s got a busted rod. they send it to service where they say it not much they will check it out and inform me later i need a new engine at $7800 and they take no responsibility. How do I join the class action .suit?
i have a 2004 ford f150 5.4L and am having all kind of problems id like to know how to get on this claim
I have a 2007 Ford Expedition, 4×4 which also has a hesitation and then fast pickup problem, which needs to be monitored by the driver so accident prevention may take place. The Simi Valley Ford Service Dept claims that this is caused by the way the car was manufactured and that these specific engines by Ford all react the same…I love my SUV,but I do not need the fear of something fiercely uncontrolable may happen when least expected