Ford has faced its fair share of powertrain and drivetrain-related litigation as of late, a list that includes Ford Focus, Ford Fiesta, and Ford EcoSport engine failures that prompted an investigation by the National Highway Traffic Safety Administration (NHTSA) and a subsequent recall, another pertaining to its 10-speed automatic transmission and its supposed erratic behavior, and the automaker’s long-running saga regarding its much-maligned Powershift transmission, to name just a few. Now, The Blue Oval is asking the court to dismiss a class action lawsuit filed over one of those same issues with Ford EcoBoost engines, according to Car Complaints.
The lawsuit – Bolton, et al., v. Ford Motor Company – was filed in the U.S. District Court for the District of Delaware by a group of plaintiffs represented by Chimicles Schwartz Kriner & Donaldson-Smith LLP, Berger Montague PC, and Capstone Law APC, and alleges that 2016-2017 Ford Fiesta, 2018-2021 Ford EcoSport, and 2016-2018 Ford Focus models equipped with the 1.0L I-3 EcoBoost engine utilize faulty oil pumps that can lead to total engine failure, which is precisely why FoMoCo issued the aforementioned recall.
However, the company is now asking the court to dismiss this Ford EcoBoost lawsuit, noting that the 13 plaintiffs involved in the case have not taken their vehicles in to have recall-related repairs performed. The automaker also said that the plaintiffs have failed to describe the specific problem they’re experiencing with their oil pumps, only stating “only generalities, including that there are ‘manufacturing, workmanship, and/or design defects which lead to a loss of oil pressure and an oil pump failure.”
Ford argued that in this case, the judge would be instead forced to “deal in hypotheticals,” meaning the lawsuit is “unfit for judicial decision pursuant to the doctrine of prudential ripeness.” “Once Plaintiffs have availed themselves of the benefits of the recall, this Court will be better positioned to rule on whether Ford breached any warranties or if Plaintiffs have incurred any harm. The claims here are not fit for decision at this time,” FoMoCo stated.
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