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Ford hybrid engine problems caused two recalls, two customer satisfaction programs and class action lawsuits, and it’s those lawsuits Ford argues should be dismissed entirely.
According to Ford, like so many vehicle recalls in recent years, the Ford hybrid engine recalls caused separate class action lawsuits alleging “fraud.”
“And, as in so many such actions, purported class representatives do not grapple with the absurdity of their notion that a car company knowingly concealed a defect that, when it manifests, might result in a fire, when that same company would have to spend far more to fix on recall what could have been fixed presale at the factory.” — Ford
In July 2022, Ford recalled 2020-2022 Ford Escape Hybrid, 2021-2022 Lincoln Corsair Hybrid and 2022 Ford Maverick Hybrid vehicles equipped with 2.5L engines. The recall was announced due to engine failures and fires involving the engine blocks and oil pan breaches.
The first Ford hybrid class action lawsuit was filed weeks after the recall, but the lawsuit was eventually dismissed because the hybrid vehicles had been recalled for repairs.
However, Ford had to announce a second hybrid engine fire recall which caused another class action lawsuit (Nishon v. Ford), and the first case was reopened by the judge.
In addition to the Ford hybrid recalls, the automaker also launched customer satisfaction program 23N06 which provides a free one-time replacement of the engine long block in the event of a failing connecting rod bearing for up to 100,000 miles or 10 years after the warranty start date.
Motion to Dismiss the Ford Hybrid Engine Fire Lawsuit
According to Ford, the class action lawsuit is in no better shape than it was when originally dismissed. Ford points to two hybrid owners who sued, both with 2021 Ford Escapes that caught fire.
Ford says the two plaintiffs imply, but do not allege facts to support the fires had anything to do with the defects associated with the recall
Ford further argues four hybrid owners purchased their vehicles after the hybrids had the recall repairs performed. Ford alleges none of those plaintiffs claim their vehicles stalled or caught fire.
Instead, the plaintiffs say they suffer “concern,” “anxiety,” or lack of confidence. Each admits he has “disposed of” his hybrid vehicle, but Ford argues the allegations address a “possible future injury” or a “speculative fear” of harm which won’t hold up in court.
The class action lawsuit alleges the Ford hybrids can “explode” due to the engine problems, but Ford contends nearly all the plaintiffs do not complain of failed connecting rod bearings, engine block breaches or even stalled engines.
“Instead, they emphasize their subjective beliefs that Ford’s remedies are inadequate based on their own personal concerns, anxiety, and worry.” — Ford’s motion to dismiss
Ford alleges even regarding the few hybrid owners who claim their vehicles stalled or entered limp modes, the allegations don’t contain facts to suggest the problems were caused by the hybrid engine defects.
The class action claims are allegedly “hypothetical” and predicated on the subjective fears the plaintiffs have because they might experience problems in the future.
Ford references claims which allege hybrid owners had engine replacements which the plaintiffs call an “adequate remedy,” yet those plaintiffs still have fears something could go wrong.
The Ford hybrid engine fire class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Anthony Pacheco v. Ford Motor Company.
The plaintiff is represented by Hagens Berman Sobol Shapiro LLP, and The Miller Law Firm PC.