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In a class action alleging Ford Motor Co. produced and hid defects in certain models of its vehicles, a federal judge struck down Ford’s argument that claims in the case should be trimmed from the lawsuit in light of its recent recall.
In their lawsuit filed in July of 2014, lead plaintiffs alleged that Ford falsely advertised that vehicles’ electronic power assisted steering enhanced vehicle safety despite knowing the system is “prone to sudden and premature failure,” causing drivers to lose their ability to steer the car.
Ford filed a motion to dismiss the claims from the class action in April of 2015; however, U.S. District Court Judge Lucy H. Koh disagreed with most of Ford’s arguments in an order issued this week. Ford argued that since the National Highway Traffic and Safety Administration issued a recall over the sudden failure of power steering in certain Focus and Fusion models, the Administration should have authority over the case and the class action filed in federal court should be dismissed.
Judge Koh disagreed, saying that if the class action was successful, Class Members could be entitled to reimbursement from Ford outside of the recall’s Dec. 31 deadline. The judge also pointed out that Ford could be required to pay for market losses if the class action is successful.
“Both of these points lead towards the same conclusion: the relief that California plaintiffs seek and the relief that Ford has provided under the recall are not one and the same,” said the judge in her order.
Judge Koh did trim claims brought by a class action plaintiff who received a Ford Fusion from another family member. Judge Koh found that the plaintiff had not suffered economic loss.
In her order, Judge Koh highlighted that one of the plaintiffs alleged that Ford refused to replace her power steering system on multiple occasions. Judge Koh pointed out that this indicated that Ford may not manage the recall efficiently or effectively.
Ford argued that to continue the class action would jeopardize how relief would be administered to Class Members; however, Judge Koh shot down this argument as well. According to the judge’s order, Ford’s argument depends on the facts of the case that need to be determined at trial.
“Both parties have thus presented evidence in support of their respective positions,” said the juge in her order. “California Plaintiffs rely upon emails, testimony, and internal communications. Ford relies upon design differences and differences in warranty claim rates,” she explained.
“Taken together, this evidence raises several genuine disputes of material fact. In addition, these factual disputes go directly to the merits of California Plaintiffs’ claims. Resolution of these disputes, for instance, is essential to determining what caused the defects at issue, whether and when Ford knew about these defects, and whether these defects were isolated to a single vehicle sold across two model years (as Ford contends) or whether these defects were more widespread (as California Plaintiffs allege),” concluded the judge.
The plaintiffs are represented by Roland Tellis and Mark Pifko of Baron & Budd PC, Adam J. Levitt, John E. Tangren and Mary S. Thomas of Grant & Eisenhofer PA and Niall A. Paul and Nathan B. Atkinson of Spilman Thomas & Battle PLLC.
The Ford Power Steering Defect Class Action Lawsuit is Philips, et al. v. Ford Motor Co., Case No. 14-cv-02989, in U.S. District for the Northern District of California.
UPDATE: On Mar. 24, 2016, Ford Motor Co. asked a federal judge to dismiss an implied warranty claim in a proposed class action suit against the car manufacturer over faulty power steering claims in certain models of Focus and Fusion vehicles. Ford stated that the claim was already dropped previously and could not be added back as part of the current lawsuit.
UPDATE 2: On May 3, 2016, a federal judge denied Ford Motor Co.’s request to dismissimplied warranty claims from a consumer class action lawsuit alleging the power steering system in some Ford cars is prone to failure.UPDATE 3: On Sept. 19, 2016,Ford opposed class certificationby arguing the plaintiffs’ claims don’t raise issues common to the proposed Class.UPDATE 4: On Dec. 22, 2016, a California federal judge denied a motion for Class certification in a class action lawsuit filed by three Ford drivers who allege certain Ford Focus and Fusion vehicles are affected by a power steering defect.
UPDATE 5: On Jan. 10, 2017, Ford Motor Company asked the court to grant summary judgement in a class action lawsuit brought by California drivers who say the automaker concealed certain power steering defects in Fusion and Focus cars.
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42 thoughts onFord Power Steering Defect Class Action Will Continue
I just had the same issue with a 2011 Ford escape while my 17 year old newly licensed driver was driving. Ford is recommending the entire steering column assembly be replaced for $2500 and the part is backordered with no estimated delivery date. Other mechanics say there are no aftermarket parts.
So is this recall being advanced or is it going to be an on going thing until someone dies
That’s what I would like to know. Making a complaint with the NTSB .
Also just made a complaint with the NTSB. Also calling Morgan & Morgan Monday
This is the second Ford Explorer we had we had one before this where they put the water pump inside the engine we had to replace and now the power steering this is the second power steering unit going bad I will never have another Ford
My 2015 Ford Explorer Sport just had the power steering fail. There is close to 70,000 miles on it. Hard to believe that with this issue that has occurred thousnads of times with the same year that a recall has not been issued. Someone is going to get seriously injured or worse if not addressed. I will not buy a Ford again.
I have a 2015 Ford Explorer Limited the power steering went out,could not turn the car.$2800 to fix.This problem is serious and needs to be corrected. Is Ford waiting for someone to die?
I just had to have my steering rack replaced on my 2016 Explorer with 55000 miles on it. The steering got so loose I was scared to drive it anymore. Cost $2200 to fix.
Yes the same company that built the Pinto death trap now make cars that will not steer. Just at 60k miles and we have to replace the steering column. All Ford has done us lawyer up. Never again. They do not care if people die. They really don’t.
My 16 year old granddaughter just purchased a 2011 Ford Escape her very first car already having problems apparently they have an issue with power steering torque sensor 2 nights in a row she lost steering unfortunately on the 2nd night when it happened she hit the ditch busting her tire and knocking her side mirror off obviously scared her out of her mind from what I understand Ford has repaired but definitely not fixed the problem wondering if they would be comfortable with their loved one behind the wheel of a vehicle like this
My wife and two dogs almost died yesterday in our 2016 Ford Explorer. No warning of any sort, she was driving and a corner to merge onto the freeway about 40 mph and the steering wheel completely locked up on her . If she would have made it 30 more feet she would have plowed into the side of a semi-truck with no control of what to do. Not only did it cost me almost $400 To tow the truck but ford says there is no recall for the (Power steering Fault assist) that popped up after the steering locked on her. Ford quoted it would cost me $2500 to fix their problem. This is not (safe) nor is it fair to anyone who owns one. Are they going to wait until someone dies?????because it was almost my wife and 2 dogs!!
Same here I’m stuck in Florida getting ready to pick my car up and it’s costing me $3000.00
I have have gone to the online Ford recalls & looked this up several times. I am very shocked at the amount of people that have the same issue with the same car. This is ridiculous. I almost hit a car head on becuz they steering someone locked up/ catches & then let’s loose. I’m not sure what it is but This is so unsafe for people. I think Ford should be responsible to fix this. Furthermore I have read several comments about how this has happened to others & they would fix it if it weren’t so expensive. I have had my car looked at & had it estimated at $1200-$1600. I don’t feel we (Consumers)should be liable for this. If people would look on Recalls & see all the consumers who have posted about this same issue maybe something could be done. Or is it gonna take several deaths before something is done?!?!
I own a 2008 ford escape in which i almost ran into a car because i lost my power steering as i was driving. I called ford after i heard that they told some dealers to wipe the module right off the brain. I didnt even get a warning i bought this used would of had second thoughts if i knew that ford didnt care about people driving their vehicles. I have yet not fixed this as one it is a very expensive fix that should be done by ford. I mean the old hydraulic pump would be like 150 and i could do it myself> i cant afford 1200.If there is more to this lawsuit please name me in it
I want to join this class action with Ford.
I have a Ford Escape 2008 XLT V6, My Ford has many issues.
This is the second time I had Steering the power steering system may revert to manual steering mode due to an Electric Power Steering system fault related to the torque sensor. An unexpected loss of steering assist while driving would require higher steering effort at lower vehicle speeds, which may increase the risk of accident. This was a recall. Ford did not send me a Recall. I just tried to get help from the Ford company, I called 1-800-392-3673. They did not help me. I have called this number for many time for all of the other issues I have experience with my Ford 2008 Escape.
I do not know what to do any more.