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On June 12, a new sudden acceleration class action lawsuit against Ford Motor Company was filed in a West Virginia federal court.
The class action lawsuit alleges that Ford automobiles were subject to sudden acceleration and lacked safety mechanisms to prevent crashes. This lawsuit follows a similar suit that was filed on March 28 in the U.S. District Court for the Southern District of West Virginia.
At issue in these class action lawsuits are Ford vehicles that were manufactured between 2002 and 2010. These vehicles were equipped with electronic throttle control, but did not have adequate safeguards to prevent incidents of sudden unintended acceleration.
According to the class action lawsuit: “[T]he Ford vehicles share a common design defect in that they lack adequate fail-safe systems, including a reliable Brake Over Accelerator system that would allow a driver to mitigate sudden unintended acceleration by depressing the brake.”
Putative members of the class action lawsuit include: “Each person who has owned or leased a Ford vehicle vulnerable to sudden unintended acceleration during the time period relevant to this action paid more for the Ford vehicle than they would have paid, or would not have purchased or leased the Ford vehicle altogether, because of the defective nature of the Ford vehicles resulting from the absence of a fail-safe such as a BOA to prevent sudden unintended acceleration events in each of them.”
There are currently 15 plaintiffs from 14 states named in the Ford acceleration class action lawsuit. The lead plaintiff is Pamela D. Smith, who purchased a Ford F-150 pickup truck. She claims that she was informed by advertisements about the truck’s safety and reliability when she made the decision to purchase the F-150. Had she known about the potential for unintended acceleration and the lack of safeguards to prevent the problem, she would not have purchased the F-150, she claims.
The plaintiffs in the class action lawsuit accuse Ford of concealing information about the risk of unintended acceleration that was associated with its vehicles. Lincoln and Mercury vehicles from the same time period are also included in the complaint.
This class action lawsuit is the second sudden acceleration lawsuit to be filed against Ford in recent months. On March 28, a similar class action lawsuit was filed in the West Virginia federal court (Belville v. Ford Motor Co.). Plaintiffs from both suits are seeking to have the two cases consolidated because both class action lawsuits make the same allegations against Ford. The plaintiffs claim that consolidating the actions will promote efficiency and reduce the burden on the plaintiffs and witnesses involved in the lawsuit. Many of the same attorneys are already combining efforts in these class action lawsuits.
Ford has not yet filed an answer to the class action lawsuit that was filed in March.
Attorneys for the plaintiffs include Niall A. Paul of Spillman Thomas & Battle; Guy Bucci, Timothy Bailey and Lee Javins of Bucci Bailey & Javins; Edgar F. Heiskell III and others.
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51 thoughts onNew Ford Unintended Acceleration Class Action Lawsuit Filed
Husband and I own a 2005 F150. Within the past two months 3 episodes of sudden acceleration have occured. The most recent on 1.18.2014 while sitting in turning lane with several vehicles. Suddenly the vehicle started accelerating. I put both feet on the brake, with tires squalling, put the truck inn neutral then park and was ready to turn the key off and hit the flashers when the acceleration stopped. Needless to say, I was shaken by this experience. This is a very dangerous situation and Ford needs to be held accountable. Will be contacting a local Ford dealership regarding repair asap. If anyone knows who to contact regarding the class action suit, please make a comment. We live in Central Florida, surely there are others in the state who have had similar experiences.
I had a 2009 Ford Escape that had to have the throttle body replaced after the vehicle just stopped while in traffic(was going 60mph and then nothing!)…luc kily I was not hurt, but had to have the part replaced and would like to be reimbursed! It cost me over $400 to have it repaired! The vehicle scared me to drive it after this happened and I did trade it in, but have the receipt for the repair. Also, did not get as much on my trade because of this. Thank you for your attention to this.
Wendy Funck
My wife bought a used 2011 Taurus del at a Nissan dealer it has intentionaly accelerated 6times on me getting on freeway pedal actually goes to floor on its own . Stays there I shut key and turn back on imediatly it comes to dle and runs like its supposed to. But we are afraid to accelerate in traffic fearing that we may hit or kill someone I had it acceleratein my driveway I supplied barks but it easily over powers them does one hell of a burn out until you turn key off . Scary stuff we drive our other car as much as posible sucks paying payment on a car you can’t drive safely
I have a 2008 Ford Fusion and it is now “parked” in my work parking garage as there was sudden acceleration when I was pulling into my parking spot. Luckily a cement wall stopped my car. I am lucky that I was not on the interstate or near a group of children waiting for a school bus. Don’t tell me there’s not a sudden acceleration issue!
2013 Ford Fusion. Exact same thing happened to me today. I applied the brake and the car surged forward, I pressed down harder on the brake and hit the car in front of me! Thank God no one was hurt.
How do I file a claim
Was in an accident this weekend with my 2004 Explorer. Sudden acceleration in a parking lot. Totaled the car when it hit a pole. Luckily I didn’t hit any persons.
My wife was almost killed in a wreck.She was in a 2005 f150 at walmart and pressed the brakes and her truck accelerated and hit a building.I was wondering if your vehicle speeded up when you applied the brakes.
thanks,William Andrew
I have a 2004 mercury mountaineer and this is very interesting to me. so whatever becomes of this I would like to be included in this matter. this is my main vehicle I use on a daily basis. anything concerning this matter please let me know asap.
I own a Ford Taurus I had complained to Ford regarding this problem it wasn’t resolved and car remains the same. I hope to keep up with this issue.
The 2002 Ford Windstar should also be included in this. Several times my Windstar plunged foreward good thing I caught it and applied the brakes. The Windstar was already recalled 3-4 times for other defects.
Thank You I have two fords and my wife an I drive them every day kept me informed