Over the past few years, Ford has faced its fair share of legal woes related to the much-maligned Powershift transmission that was used in a variety of Focus and Fiesta models across a period of a few years. Many owners have experienced slipping, bucking, jerking, premature wear, and hesitation while changing gears from that transmission, and in some cases, a complete failure with relatively few miles on the odometer – prompting a variety of lawsuits to be filed and even an investigation from the National Highway Safety Administration (NHTSA). Now, one of those lawsuits has been dismissed.
This lawsuit – Victoria Berghuis v. Ford Motor Company, et al – was filed in the U.S. District Court for the Southern District of California by plaintiffs represented by the Law Office of Robert L. Starr, Pomerantz LLP, and Frontier Law Center, but was just dismissed by Judge James E. Simmons Jr., according to Car Complaints. It alleged that vehicle owners in California shouldn’t be forced to pay for emissions-related repairs, due to the California emissions warranty, which provides extended coverage for up to 15 years or 150,000 miles.
In this case of this particular lawsuit, the owner of a 2014 Ford Focus took her vehicle to a dealer when it had 77,283 miles and paid a $180 diagnostic fee, after which the dealer determined that her transmission had a defective clutch and needed to be replaced. She had to pay for the replacement as the car’s powertrain warranty had already expired, and according to the lawsuit, that cost should have been covered by Ford under California law, as it claims that a defective transmission would result in an increase in emissions and would also cause the vehicle to fail a smog check.
Ultimately, Judge Simmons disagreed with that sentiment, dismissing claims that the vehicle’s transmission should have been covered outside of a regular warranty, nor that it should fall under California’s extended emissions coverage. Additionally, he noted that the vehicle’s check engine light was never illuminated and added that the plaintiff’s Focus never actually failed a smog check, adding that these claims are “speculative and amount to legal conclusions. The Court holds that Plaintiff has not stated a claim for relief that is plausible on its face.”
Comments
This transmission the only black mark against the Mulally tenure. Would trade him for Farley in a heartbeat.
Ford had so many chances to get this issue right. The Focus was an other wise spectacular small car and instead of solving the problem, Ford alienated tens of thousands of owner who will never own another Ford and don’t mind talking about it. Whatever it would have cost Ford to fix the Powershift or exchange it for the 6-speed from the Fusion would have been well spent. Or just buy the cars back and sell them at Auction. But sticking customers with a car that is potentially unsafe or may strand a driver tom save a money is extremely shortsighted.
Perfectly stated
So, some could easily say a faulty tire pressure sensor will not detect an under inflated tire. Under inflated tires causes the engine to work harder resulting in higher emissions. Therefore the car company should pay for replacing the sensor because it relates to emissions