Ford Hybrid Engine Class Action Lawsuit Dismissed

Back in July 2022, FoMoCo issued a recall for select 2020-2022 Ford Escape, Lincoln Corsair, and 2022 Ford Maverick hybrid and plug-in hybrid models after it discovered that the engines in these electrified vehicles can leak oil or emit fuel vapors that – if exposed to hot ignition sources, can cause underhood fires. Ford’s fix for this issue is to add drain holes to an under-hood shield and change the active grille shutters to allow more air flow and reduce under-hood temperatures, but just a couple of months later, a Ford hybrid engine class action lawsuit was filed alleging that these repairs were inadequate. Now, less than a year later, that same Ford hybrid engine class action lawsuit has been dismissed, according to Car Complaints.

The lawsuit – Anthony Pacheco v. Ford Motor Company, which was filed in the U.S. District Court for the Eastern District of Michigan with representation from Hagens Berman Sobol Shapiro LLP and The Miller Law Firm PC – was dismissed because FoMoCo had already recalled the aforementioned vehicles prior to the filing of the lawsuit.

A total of 14 owners were part of the class-action lawsuit, none of whom have experienced any problems with leaks or fires, including lead plaintiff Anthony Pacheco, who owns a Maverick that was repaired under the recall. However, the lawsuit claims that Ford’s proposed fixes are not only inadequate, but also “set the stage for future property damage and possible injury.”

Ultimately, Judge George Caram Steeh disagreed with these allegations. “Plaintiffs also do not request that Ford repair their engines to address leaking – perhaps because none of them have experienced engine leaks,” Steeh said. “This alleged risk has not caused any actual, concrete injury to plaintiffs. Plaintiffs have not shown a cognizable danger that the recall remedy supervised by NHTSA will fail, but only that they disagree with the approach taken by Ford to fix the problem. This argument does not counsel against a finding of prudential mootness.” The plaintiffs in the case have filed an appeal, however, meaning that this legal action may not be finished just yet.

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