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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 2006 F150 with 5.4 motor. It has done same things described here and now needs a new engine. How can I get info on this class action suit
I have a 2005 Ford f-150 truck with a 5.4 engine. This truck was not worth the money I paid for it, problem after problem, after problem. I wasted a lot of time and money on that engine, for towing, parts and repairs. I did not get my moneys worth. How can I get info on this class action suit?
I have a 2007 Ford F150 with a 5.4L and my truck has been towed and serviced four times for cam sensor solenoids in the past 6 months. I had timing chains changed, cam sensors 3xs, timing chain tensioners, coils, plugs, and just two days ago it stahled and broke down for same problem. I have spent alot of money on towing and service bills. How can i get info on this class action suit?
I just paid $805.00 for a tune up my Ford truck with 5.4 Triton motor. They broke six plugs out of 8. Bad design bad motor. I had hesitation problems and almost got in an accident pulling in to traffic after it stalled. How do I get on the law suit?
I have a 2008 F150 with 90000 miles on it. Took it to the shop for the pinging and Ford wants $8715.00 to replace the engine.Are they out of there minds.
I have 2004 Ford F-150 Lariat 5.4L Motor. Having the ticking sound. Bought used from a dealer with 126k on it, no warnings about anything potential problems. Occasional sluggishness, but overall seemed to be great. More common now. Also, intermittent vibration at low (30mph) and higher speeds as well (55 mph) – feels like I’m driving on a washboard road. I would like more information about this class action lawsuit as I am very concerned one day I will start the truck up and the motor will blow – or worse, when I take truck in for inspection I’ll get the bill for a new motor. Motor only has 128k on it now, this is NOT time for the motor to be replaced – a good truck should last at least 200, ideally 300 with regular maintenance. I live in California. Just had dealer do an oil change and tire rotation (first one since I bought it). After reading so many horror stories I really want some information. Please contact me.
I own a 2004 F150 Lariat and have gone through the ringer as well. Have the hesitation and loss of power, ticking in the motor, and chattering after towing once the engine warms up. Ford suggested replacement of the VCT solenoids which they stated could not be done by the consumer (BS). 30 minutes later after I replaced them….guess what….same problem. I am the second owner of this truck and have owned it since 23000 miles. I now have 140000 miles on it and it should have much more life in it than this!!! Please contact me about being added to the class action!
This is a perfect crime…Tune-up needed three to four years after purchase. By then, Ford throws their hands up and suggests you purchase a special tool, made by them, to remove the inevitable broken spark plugs. Dishonest mechanics make a killing off of blind eyed customers that aren’t aware of this known defect.
I have a 2005 F150 Lariat with 89k on it. Already replaced all of the automatic windows in it for $700 a pop. Started knocking, loss of power, etc. Took to dealer, $1000 for a tune up and oil change. Broke down on the way home! Towed back to dealer. They saying it needs a new engine for $7800. Unbelievable. I will never buy another Ford. POS.
I have gone back and forth with the dealer where I bought my 2004 F150 new since it had 38,000 miles on it. Finally at 89,000 I bite the bullet and put a reman engine in it. Ford is a joke dealing with.The local dealer even offered me 2000.00 trade in on a nw one with mine having no oil pressure on the upper end of the motor. I found the timing chain guige in the oil pan.Part were stuck in the pickup on the oil pump.Ford says well you used the wrong oil. I have never used anything but MotorCraft Oil and Filters.