Maverick Hybrid Engine Class Action Lawsuit DISMISSED

[GA Hot Pepper]

https://www.carcomplaints.com/news/2023/ford-hybrid-class-action-lawsuit-dismissed-engines.shtml

April 9, 2023 — 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 action lawsuits, the plaintiffs didn't sue until after Ford announced a recall for the same engine problem.

And in this case, out of the 14 Ford owners who sued, none of them allege their engines had any problems with leaks or fires.

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[bwil415]

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.”

Seems pretty reasonable to me.

 

[mdwebby]

Seems pretty reasonable to me.

I agree.

 

[RR - All the way]

So, if you had the recall and had the holes drilled and blinds removed for the active shutter system you can now rest easy. A judge (possibly a reformed lawyer) said the recall fix was ok. Not only did Ford engineers but also government regulatory agencies said it was the thing to do. That would increase my confidence level by 200 percent..... Of course, 200 times 0 still equals zero.

I guess the engineers ran air tunnel tests of some sort to determine the removal of four blinds increased air flow sufficiently to prevent fuel ignition.???? Maybe so. The real fix is to ensure the fuel leak does not occur; that was probably cost prohibitive. Just my two cents worth which will not buy a piece of bubble gum these days.

 

[JBryant]

No matter what the situation, some law firm wants to start a class action lawsuit, so that they will take no action because they have no class. Like most of them, even if it went thru and won, they would get most of the money and the plantiffs would get a few cents on the dollar.

 

[odin0425]

I’m all for frivolous lawsuits, but you have to put in the work. Go to “The Costco” find some PeePee, then slip. It’s really not that much work.

 

[dalola]

Prudential mootness?

 

[bwil415]

So, if you had the recall and had the holes drilled and blinds removed for the active shutter system you can now rest easy. A judge (possibly a reformed lawyer) said the recall fix was ok. Not only did Ford engineers but also government regulatory agencies said it was the thing to do. That would increase my confidence level by 200 percent..... Of course, 200 times 0 still equals zero.

I guess the engineers ran air tunnel tests of some sort to determine the removal of four blinds increased air flow sufficiently to prevent fuel ignition.???? Maybe so. The real fix is to ensure the fuel leak does not occur; that was probably cost prohibitive. Just my two cents worth which will not buy a piece of bubble gum these days.

There's no "leak" to fix. The original recall was done to reduce fire risk in case of "engine block or oil pan breach" allowing vapors to collect near the exhaust. If your block or pan are breached, the truck is no longer operable. It makes perfect sense to me that increasing ventilation in that area could reduce fire risk in case your engine explodes. Of course they don't want that to happen, but this recall doesn't address a specific issue that causes engine failures, just the consequences of one. There will always be catastrophic failures outside of anything the engineers, NHTSA, or lawyers could predict.

Here is the original thread on the recall.

 

[RR - All the way]

There's no "leak" to fix. The original recall was done to reduce fire risk in case of "engine block or oil pan breach" allowing vapors to collect near the exhaust. If your block or pan are breached, the truck is no longer operable. It makes perfect sense to me that increasing ventilation in that area could reduce fire risk in case your engine explodes. Of course they don't want that to happen, but this recall doesn't address a specific issue that causes engine failures, just the consequences of one. There will always be catastrophic failures outside of anything the engineers, NHTSA, or lawyers could predict.

Here is the original thread on the recall.

Thanks for the correction. So, I presume the advantages of having a shutter system outweigh the disadvantages of a potential fire from engine failure?? It would seem that when an engine loses all compression, the "automatic shutter system could be programmed to "automatically" open all shutters; hence no need to cut out four shutters and reduce the efficiency of the system under normal conditions.

 

[bwil415]

Thanks for the correction. So, I presume the advantages of having a shutter system outweigh the disadvantages of a potential fire from engine failure?? It would seem that when an engine loses all compression, the "automatic shutter system could be programmed to "automatically" open all shutters; hence no need to cut out four shutters and reduce the efficiency of the system under normal conditions.

I'm speculating, but I would guess in the case of a really bad failure, the electrical or mechanical systems that open the shutters could also be inoperable.

 

[commadorebob]

No injury. That is the death knell of every lawsuit. You have to prove actual injury. And the judge has a point: Ford submitted a recall that is governed by NHTSA. Until there is proof the fix results in "injury" (financial or physical) then just disagreeing with it isn't enough to justify the lawsuit.

 

[jsus]

The opinion and order granting defendant's motion to dismiss:

https://www.govinfo.gov/content/pkg...v-11927/pdf/USCOURTS-mied-2_22-cv-11927-0.pdf

Suing in response to the issuance of a recall to repair a defect the plaintiff knew nothing about previously, because of vague claims of the ineffectiveness of the recall despite not having experienced any actual damages, seemed doomed to fail from the start.

Now, if these were catching fire and Ford was looking the other way, that would've been the time to sue. But Ford was more proactive here than reactive...

 

[Jonny44]

There's no "leak" to fix. The original recall was done to reduce fire risk in case of "engine block or oil pan breach" allowing vapors to collect near the exhaust. If your block or pan are breached, the truck is no longer operable. It makes perfect sense to me that increasing ventilation in that area could reduce fire risk in case your engine explodes. Of course they don't want that to happen, but this recall doesn't address a specific issue that causes engine failures, just the consequences of one. There will always be catastrophic failures outside of anything the engineers, NHTSA, or lawyers could predict.

Here is the original thread on the recall.

It has nothing to do with "specific issues that cause engine failures". All manufacturers have to have a way for any flammable liquids that can escape any containment, whether it is a reservoir, bottle or mechanical assembly (like an engine or steering pump), to keep from accumulating within the engine compartment and increase the likelihood of combustion. It's an issue that came into prominence with KIA GDI engines failing and starting car fires when the oil would hit the exhaust and burn, engulfing the car within minutes. Kias and Hyundais continue to burn after millions recalled (abcactionnews.com)

 

[Bodageta]

So, if you had the recall and had the holes drilled and blinds removed for the active shutter system you can now rest easy. A judge (possibly a reformed lawyer) said the recall fix was ok. Not only did Ford engineers but also government regulatory agencies said it was the thing to do. That would increase my confidence level by 200 percent..... Of course, 200 times 0 still equals zero.

I guess the engineers ran air tunnel tests of some sort to determine the removal of four blinds increased air flow sufficiently to prevent fuel ignition.???? Maybe so. The real fix is to ensure the fuel leak does not occur; that was probably cost prohibitive. Just my two cents worth which will not buy a piece of bubble gum these days.

 

[Bodageta]

I think removal of the shutters also reduced the mpg but who knows. I guess nobody sued over that.

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