Anne Bucher  |  July 1, 2013

Category: Consumer News

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ford class action lawsuitOn 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

  1. jenny conklin says:

    This has happened to me and my husband both several times. I’m glad I’m not crazy. That others also have experienced this. Thank you. How do I join this claim

  2. Deb Brunzell says:

    Just sent a message about this wreck I was in Friday. This happened in Peabody Kansas.

    1. Tom says:

      What became of it?

  3. Deb Brunzell says:

    we have an f150 2006 ford and last friday I was coming to a stop and it acclerated and could not stop completelly. I hit another vehicle and did quite a bit of damage on both vehicles. This is not the first time this has happened but first time I have had a wreck. I will never drive this truck again after it is fixed. They tryed to say it was drivers error. Thanks Deb

  4. dennis says:

    I have a 2003 ford windstar that has the same problem acceleration problem. It happened a number of times when in reverse, my transmission blew-up $1100.00 to fix. After new transmission the same acceleration problem happened again! I had the cruise control disconnected and everything seemed fine until yesterday when it happened again and if I had not turned the key off I would have ended up in my neighbors house!!!

  5. Devon B says:

    Just happened to me this morning in my 2005 Ford Five Hundred :(
    I didn’t know anything about the problems or the lawsuit until I googled what in the world could have gone wrong.
    Has anything else come of this lawsuit? How can we join it? There seriously needs to be a recall!

  6. Courtney Faison says:

    I had a related accident and am curious as to whether or not my situation applies to your suit.
    Thank you…9191-768-2133

    1. Tom says:

      How do I get on this law suit it happened to me?

  7. Chris says:

    Just this past fall we were sitting a traffic light when all of the sudden our 2005 Ford Taurus SEL lunged forward. My wife was driving and had her foot firmly planted on the brake when this happened or we would have rear ended the car in front of us. We pulled over into the nearest parking lot. She then put the car in park and the engine started racing. I yelled to her over the engine “turn it off”, if she wouldn’t have turned it off it would have blown the engine! We did manage to get the car back home that night. Once at home I got online for help. I discovered that this is a known problem with the Ford Taurus, early 90’s to date (many other makes and models of the Ford Motor Company too). I did some research to find out what the problem was and if there were any solutions. I found out that the Cruise Control Cable would come out of the intended holding bracket and get stuck holding the Accelerator wide open. I saw a few people had corrected the problem with a Zip Tie! I wanted a more permanent solution. I ended up drilling a small hole in the bracket and putting a Cotter Pin in to hold the cable in place, then bending the ends of the Cotter Pin upward. Before this Acceleration Problem happened we hadn’t had Cruise Control for almost two years, we now have our Cruise Control back! BTW, I did Lease a 1998 Ford Ranger XLT (3.0L V6 Manual 5 Speed) that had a Recall for an Acceleration Problem (I never had any problems and I’m not sure what the problem was, I just got it fixed under the Recall Notice). I also leased a 2002 Ford F-150 XLT (4.2L V6 Automatic) that was listed in the law suit (never had any problems with this vehicle).

    1. MARILYN says:

      FORD IS RESPONSIBLE FOR SHITTY WORKMANSHIP …DON’T FIX IT YOURSELF. I NEARLY KILLED SOMEONE IN MY 2003 FORD THUNDERBIRD THAT SUDDENLY ACCELERATED WHEN I APPLIED THE BRAKE. WTF.

  8. G Runing says:

    2011 Fusion accelerates on brake application at stop light. Did it 3 times. Turn off key and restart if you didn’t! Get in a wreck or kill somebody. Gary

    1. MARILYN says:

      There is a class action lawsuit against Ford Motor Company for “unintended acceleration” Ford vehicles are not safe to be driven on the road.

      1. Tom says:

        How go I get on this law suit it happened to me?

    2. Gordon Cole says:

      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.

  9. G Grahe says:

    I purchased a low mileage 2007 F150 this past summer and today experienced two suden acceleration incidents. With my brother-in-law in the cab with me, it was clear my foot was not on the two pedals as I had to jam the brake down causing the tires to smoke until I shifted into neutral. It stopped after just a short but scary time. Could this have anyhting to do wiht the engine being cold? I’m not a mechanic so any expanation or advice is welcomed.

    1. MARILYN says:

      There is a Class Action Lawsuit against Ford Motor for “unintended acceleration”. Please look it up online and educate yourself about it. Apparently, Ford does not want to be responsible for acknowledging the problem and is not issuing a recall on the electronic throttle body or any of the sensor that control the cruise control. People have been killed in accidents due to Ford’s negligence.

  10. T Olson says:

    I purchased a 2006 F-150 pickup on November 30, 2013, from our local Ford dealership, I have had it suddenly accelerate twice, first time I had to stand on the brakes with the back tires smoking, just missed the truck in front of me, second time backing out of my driveway, shoved it into neutral, took it back to Ford they can’t find anything wrong with it. This is not a safe vehicle, I will not let anybody else drive it.

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