Ford Engine Problem Class Action Lawsuit
By Matt O’Donnell
Six consumers have filed a class action lawsuit against Ford Motor Co. claiming it knowingly sold certain vehicles – including the Ford 150 and Lincoln Navigator – with engine defects that caused performance and safety issues. All six consumers allege Ford knew about the alleged defects from 2005 to 2012 but concealed the problems to avoid covering their repair costs under warranty.
The Ford engine class action lawsuit claims Ford knew for a period of seven years that vehicles equipped with the 5.4L engine had design or manufacturing defects that caused acceleration hesitation, loss of RPM, stalling and loss of power or sudden deceleration.
As evidence that Ford knew of the alleged engine defects, plaintiffs cite in the class action lawsuit an August 2008 technical service bulletin to Ford dealers advising them on how to repair the defects. Ford chose not to alert vehicle owners and the public of the engine problems, however, the class action lawsuit says.
“Although defendant recognized in 2008 that many of its vehicles contained engine problems, it actively concealed from the public, and the owners of this class of vehicles, the need to perform certain services and/or repairs to remedy these defective and potentially life-threatening conditions,” the Ford engine class action lawsuit states.
“Concealment of these engine problems was orchestrated to minimize and/or avoid the defendant’s contractual responsibility to the plaintiff class of owners,” the class action lawsuit continues.
The Ford engine problem class action lawsuit is brought on behalf of all current owners of any 2004-2008 Ford passenger or light truck vehicle sold in the United States and equipped with a 5.4L engine and includes the original Powertrain Control Module (PCM), the Transmission Control Module (TCM), the Electronic Throttle Control (ETC) and/or the Throttle Body Assembly. The class of vehicles is limited to those delivered within 8 years and having less than 80,000 miles.
The plaintiffs are seeking out-of-pocket replacement/repair costs, diminution in value of the class vehicles attributable to the defects, damages, injunctive relief and more for alleged breach of express and implied warranty, common law fraud, negligent misrepresentation, unjust enrichment and violations of state consumer protection statutes.
The Ford Engine Problem Class Action Lawsuit case is Jason Schmidt et al. v. Ford Motor Co., Case No. 12-cv-07222, U.S. District Court of the Eastern District of Pennsylvania.
Plaintiffs are represented by Larry E. Coben, Sol H. Weiss and Julie P. Thompson of Anapol Schwartz.
UPDATE: On September 23, a federal judge trimmed most of the claims in the Ford Engine Defect Class Action Lawsuit, but refused to dismiss it entirely. The class action lawsuit continues.
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