— A Ford hybrid class action lawsuit has been dismissed because Ford had already recalled the hybrid vehicles before the lawsuit was filed, making the lawsuit moot.
As in the case of multiple class actions, the plaintiffs did not sue until after Ford announced a recall for the same engine problem.
And in this case, of the 14 Ford owners who sued, none of them allege that their engines had problems with leaks or fires.
However, Ford’s class-action lawsuit alleges that these hybrid vehicles equipped with 2.5-liter engines are defective.
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2020-2022 Ford Escape Hybrid
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2022 Ford Maverick Hybrid
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2021-2022 Lincoln Corsair Hybrid
Lead plaintiff Anthony Pacheco owns a Ford Maverick he bought in April 2022, or what he calls a “fire truck.”
Plaintiff does not allege that he had any problems with his Maverick and the vehicle was repaired free of charge by Ford under a recall. But the plaintiff claims recall remedies aren’t good enough.
According to Ford’s hybrid class action lawsuit, the engines can leak large amounts of engine oil or fuel vapors that can be exposed to hot ignition sources and cause fires under the hood.
A recall of Ford hybrids was announced in July 2022, and by June 2022 Ford was aware of 23 incidents of fires or other problems under the hoods.
“Of the 23 reports, Ford’s CCRG classified the warranty and field reports as: nine described under the hood or vehicle fire, six reports located under the hood melting, seven described smoke under the hood, and one did not contained sufficient detail to characterize. Ford is not aware of any accident or injury reports related to this condition.” — Ford
Official vehicle safety recalls have safety regulators known as the National Highway Traffic Safety Administration, which must approve all actions and repairs.
“In the event of an engine failure, significant amounts of engine oil and/or fuel vapor may be released into the underhood environment and may migrate and/or accumulate near ignition sources, giving place to possible fires under the hood, localized melting of components, or smoking”. — NHTSA Ford Hybrid Safety Recall Report
Additionally, Ford estimated that 1% or less of hybrid vehicles were affected by the problem.
Ford dealers were told to modify the shields under the engines by drilling holes, and were also advised to modify the active grille shutter systems by removing four shutters. This would improve airflow through the engine compartment and allow fluid and vapors to escape.
But Ford’s hybrid class-action lawsuit alleges the repairs cause even more problems and “lay the groundwork for future property damage and potential injury.”
According to the plaintiffs, drilling more holes could allow fluids or vapors to flow and cause environmental hazards, and removing the louvres from the grille louvre system allegedly “increases aerodynamic drag on vehicles, resulting in a decrease in fuel efficiency”.
Ford Hybrid class action lawsuit dismissed
Judge George Caram Steeh heard the case and began by noting that Ford’s recall of hybrid vehicles is under ongoing oversight by federal safety regulators. In essence, the plaintiffs are not only arguing that Ford engineers are wrong about the recall repairs, but so are the federal regulators who approved the repairs.
The judge found that Ford has offered to repair the hybrid vehicles (before the lawsuit was filed) and Ford also offered refunds to owners if needed.
Ford’s hybrid class action lawsuit alleges Ford’s “solution” is inadequate, but judge says plaintiffs do not allege safety risk after repairing vehicles for free.
“Plaintiffs also do not demand that Ford repair their engines to address the leaks, perhaps because none of them have experienced engine leaks. This alleged risk has not caused plaintiffs any actual and concrete harm.” — Judge Steeh
According to the judge, allegations that Ford’s recall repairs will not work are “conclusory and speculative.”
The judge also looked into the argument about the alleged decrease in fuel economy by removing some of the louvers in the active grill shutter system.
While the plaintiffs make this claim, the judge notes that none of the plaintiffs “alleged that they experienced an actual reduction in fuel economy or articulated how this unspecified reduction in fuel economy is actionable.” .
And while the plaintiffs claim they deserve money for alleged “damages,” the judge ruled their damage claim is based on an overpayment theory because the alleged defects diminished the value of their hybrid vehicles.
According to Judge Steeh, Ford’s recall of the hybrid moots its damage claim because it removes “the defect upon which plaintiffs’ claim for diminished value damages is based.”
“Plaintiffs have not shown a cognizable danger that the NHTSA-supervised recall remedy would fail, but only that they disagree with Ford’s approach to fixing the problem. This argument does not preclude a finding of prudential falsity.” — Judge George Caram Steeh
The plaintiffs have now filed an appeal of the dismissal of Ford’s hybrid class action lawsuit.
Ford’s hybrid class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: Anthony Pacheco v. Ford Motor Company.
The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP and The Miller Law Firm PC.
