Judge Dismisses Ford Minivan Defective Transmission Class Action Lawsuit
By Mike Holter
A federal judge has dismissed a class action lawsuit against Ford, saying Ford Freestar and Mercury Monterey minivans owners whose transmissions failed due to a manufacturing defect cannot sue as a class because the terms of their warranties must be individually proven.
Ford Freestar owners filed a class action lawsuit against Ford in 2009 claiming that 2004-2006 Ford Freestar and Mercury Monterey minivans were built with a manufacturing defect in the vehicle’s torque converter that caused them to fail, stripping the grooves connecting it to the transmission, which in turn failed. The class action lawsuit accused Ford of breach of express and implied warranties and sought compensatory damages, reimbursement for parts and repairs and injunctive relief. Ford later recalled the minivans with instructions that owners take their vehicle to a dealer for a free new torque converter.
On July 31, 2012, U.S. District Judge Michael Davis denied the Plaintiffs’ motion for class certification, finding their claims inappropriate for class action because they required individualized proof.
“In addition, Ford’s voluntary safety recall of 2004-05 Freestars and Montereys, which provides for the installation of a new or remanufactured torque converter, or a refund to those who paid to service their vehicle prior to the recall, provides most of the putative class the relief it seeks,” Judge Davis wrote.
“Ford does acknowledge that there may be class members that paid to have the entire transmission replaced, and who may not be fully reimbursed because replacement of the entire transmission is not required to repair the defective torque converter. Despite the possibility that certain class members will not be fully reimbursed through the recall, the Court nonetheless finds that the recall weighs against a finding that a class action is a superior method of adjudication of the claims asserted in this case,” Davis added.
The case is Edward Daigle, et al. v. Ford Motor Company, Case No. 9-cv-3214-MJD-LIB, U.S. District Court, District of Minnesota.
Updated August 10th, 2012
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2 thoughts onJudge Dismisses Ford Minivan Defective Transmission Class Action Lawsuit
3 transmissions and 2 torque converters, and a few recalls later…FORD will not even assist us in righting their faulty workmanship and poor quality. So I am without a car, without a way to get to work, not in a position to purchase an new car, or the funds (AGAIN) to repair #3 transmission, a disabled/handicapped husband in need of having secure transportation. FORD basically told us to go blow and outright refused to let us speak to anyone in corporate about this issue! I have never owned any vehicle except a Ford and this is how they repay our years of loyalty! FORD you suck! Original transmission gone at 72,000, 2nd rebuilt transmission held out for 68,000, third transmission, which was REMANUFACTURED and sent directly from Ford…gone now at 85,000. Cost so far of transmissions over 12,000.00, not including the now 3500.00. Unreal!
So is the end of this issue or will further action be taken? How could Ford get away with this? The National Highway Transportation Safety Administration has over 750 complaints for this issue. Now that is only the consumers who did report this issue. There has to be more. I know if we would have known about the injustice and ethics issues related to this issue we would have participated in this class action and I am sure there are 200,000 more freestar owners who feel the same way.