Ford subframe assembly class action lawsuit overview:
- Who: Ford Motor Co. asked a federal judge to dismiss a class action lawsuit filed against it by a group of consumers.
- Why: The consumers claim Ford knowingly sold vehicles with a defective rear subframe assembly, while Ford argues the claims have been mooted by a recall.
- Where: The class action lawsuit was filed in a Michigan federal court.
Ford asked a federal judge to dismiss a class action lawsuit filed against it by a group of consumers claiming the automaker knowingly sold vehicles with a defective rear subframe assembly.
Ford claims the consumers’ October 2024 claims have been mooted by a recall it initiated in April 2022, which it argues addresses the alleged defect through a software update and replacement of any cracked bolt.
“In light of the ongoing recalls overseen by NHTSA, Plaintiffs do not have an injury in fact, and the Court should further decline to consider their claims under the prudential mootness doctrine,” Ford said in a motion to dismiss filed April 16.
The consumers claim Ford sold certain model year 2020-2025 Ford Explorer SUVs with a rear subframe assembly that allegedly only has one rear axle mounting bolt instead of two, and that the single bolt can break and cause the rear subframe to detach from the vehicle, creating a crash risk.
The class action lawsuit further argues Ford knew about the alleged rear subframe assembly defect before selling the affected vehicles but failed to disclose it.
Ford argues recall addresses alleged rear subframe assembly defect
Ford argues the consumers have not plausibly alleged that the recall is inadequate, only that they personally believe a different approach should have been taken, and that their fraud claims do not satisfy the Federal Rules of Civil Procedure’s Rule.
“Plaintiffs do not allege facts showing that there is a sufficiently concrete risk of a bolt fracturing during vehicle operation and that this would further cause them harm beyond the broken bolt itself,” Ford says.
The automaker further argues the consumers’ vehicles were either repaired under warranty or have not experienced any bolt failures, meaning they have no claim for breach of the New Vehicle Limited Warranty.
A consumer filed a similar class action lawsuit against Ford — along with Camel Group (USA) Battery Inc. — in February over claims certain Ford Bronco Sport and Ford Maverick vehicles were equipped with defective batteries and that a recall to address the issue was a “waste of time.”
Did you purchase a Ford Explorer with a defective rear subframe assembly? Let us know in the comments.
The consumers are represented by Stephanie A. Douglas and Susan M. McKeever of Bush Seyferth PLLC and Amir Nassihi of Shook Hardy & Bacon LLP.
The Ford subframe assembly class action lawsuit is Samuels, et al. v. Ford Motor Co., Case No. 2:24-CV-13332-JJCG-EAS, in the U.S. District Court for the Eastern District of Michigan.
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