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. Dianna Hauser says:

    I have a 2005 Ford 500. On 9/17/22, I was driving 30 mph and suddenly my RPMs went over 4000! I applied my brakes and the car jerked and almost cut off. I felt very lucky I didn’t have an accident. I had my transmission checked and the scanner report showed O.D. Speed Failure. I am afraid to drive the car now. I am on disability and cannot afford to get another car at this time. I paid $4000 for this car in October 2019. I wouldn’t have bought it if I had known about this class action lawsuit.

  2. Michael Mogyorossy says:

    I had recently had a sudden acceleration incident in my 2002 f150. I pressed the gas to down shift for the hill and it took off. I hit the k barrier twice while spinning. My truck is now no longer driveable,, and now can’t walk more than a city block before my back hurts touch to keep walking. I would like to be a part of this lwasuit.

  3. Kenneth E Wagner says:

    I bought a 2007 Ford F-150 with 87718 miles on June 20,2016.. My first experience with sudden acceleration was on July 10,2016 at Menards in Manitowoc Wi. I was fortunate to barely miss several people in the parking lot. I asked our local Ford Dealership Service Mgr about the issue after I found out that other Ford F-150 owners had similar incidents. He said he was not aware of the problem. Since that time I have had a total of 10 incidents and discussed the fix with our local dealership as I was contemplating leasing a new F150. I was told they were not familiar with a fix and made a lowball offer on the truck . If there is a class action suit I would like to be included as I do not feel comfortable driving this vehicle. I only use this vehicle in the summer and have logged 5879 miles on it in 4 yrs.

  4. jamie says:

    My moms 2012 Ford Focus self accelerated causing a ton of damage to her car. Can she file too? I have the police report and pictures to show.

  5. H says:

    Today my 2015 FORD F 150 XLT 4X4
    Gas pedal was stuck after I accelerated from a red light and STAYED at full throttle, Brakes locked up I thought I was about to DIE.

  6. Tom says:

    I want to know how to get on this law suit

    1. Top Class Actions says:

      This case has been combined with a few other cases, and is still moving through the courts. A settlement has not yet been reached. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  7. Farzana Uddin says:

    i have 2011 ford edge limited with 54k mileage. Im going through same situation right now. car starts to decelerate all of a sudden and it comes with message all wheel drive off and a ranch sign. first time i had this issue was on 2/20/16 when i was 7 month pregnant and on my way to my baby shower. i called my dealer ad they said they can check the car but unless they can replicate the issue they might not be able to help at all. my husband started driving the car and it seemed problem just went away. well we were wrong because the problem came back again from last week and this time we were in highway and we had our 12 weeks old son in the car. the car is at the dealer currently and apparently they think the issue is related to throttle body and its going to cost me at least $700.00 and not covered by any types of warranty. I’m surprise ford hasn’t been sued multiple times already since its a known issue and lots of ford owner been affected by it. the service and customer satisfaction department are not willing to help or acknowledge that its a safety issue.

  8. debra siciliano says:

    I have a 2005 Lincoln Town Car. Several times this has happened when I use the brake it will make the car accelerate. It also happened when my husband had used the. We called our local car dealer Benson Lincoln in south hills Pa. They told my husband they never heard of this or the part needed to correct unintended acceleration. What do we do? Please help. Vincent or Debra Siciliano 724’532-1175

  9. jo holderbach says:

    I have 2009 mustang with sudden accelleration I would like to be part of a law suit. I took it to my local dealer and they said nothing was wrong.What can I do? I live in texas.

  10. Tina Self says:

    My 2008 F-150 with 170,000 miles has self accelerated several times, luckily no one has been injured but this is a scary problem. How do I file??

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