Back in July 2022, Ford Motor Company recalled select 2020-2022 Ford Escape, Lincoln Corsair, and 2022 Ford Maverick hybrid and plug-in hybrid models after 23 of those vehicles caught fire across the globe. The automaker later discovered that the problem was caused by leaking fluids stemming from hot engine bays, after which it instructed dealers to add drain holes to the under-hood shield and change the active grille shutters to allow more air flow and reduce under-hood temperatures. However, some found this fix to be inadequate, which prompted the filling of a lawsuit, which was later dismissed, though another recall was issued over this same problem last June, which expanded upon and replaced the prior recall. Shortly there after, another lawsuit was filed, but Ford is also calling for it to be dismissed, according to Car Complaints.
This new lawsuit – Nishon, et al., v. Ford Motor Company – was filed in the U.S. District Court for the Eastern District of Michigan by plaintiffs represented by Hagens Berman Sobol Shapiro LLP, and The Miller Law Firm PC. However, Ford is arguing that this new lawsuit is just a “tag-along” based on the prior, dismissed suit that was filed by the same lawyers, and it also covers the same problem and same vehicles – and as such, it too should be dismissed.
In the prior case, plaintiffs argued that the automaker tried to conceal this issue. Regardless, the court sided with FoMoCo based on the fact that the automaker had already agreed to fix the problem for free, reimburse owners for any related expenses, and it also ruled that the NHTSA is responsible for monitoring the recall.
“Then, as if one unwieldy proceeding is not enough, plaintiffs rushed in with this case, demanding a cash payout for their initiative to monitor the public Ford-NHTSA communications – and paying no mind to the almost identical Pacheco [lawsuit],” Ford said in its court filing.
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