Maverick Hybrid Engine Class Action Lawsuit DISMISSED

[Darnon]

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

That was also part of the plaintiff's complaint, but they could not demonstrate any (much less a sufficiently drastic) reduction in mileage:

Plaintiffs also allege that the remedy, particularly the removal of some of the blinds from the active grille shutter system, diminishes fuel economy. They have not, however, alleged they experienced an actual reduction in fuel economy or articulated how this unspecified reduction in fuel economy is actionable.

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[gte105u]

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.

I have no idea what you are rambling on about... Do you?

 

[NewBernWolf]

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.

That's not what the complaint was though. Civil lawsuits claiming damages (such as class action suits) have to show that the 'class' of people were damaged in some way by whatever occurred and were entitled to compensation. The judge found that 1) Ford had already taken steps to fix the issue in affected trucks, and 2) none of the plaintiffs had been damaged by the issue anyway.

 

[Ponypower50]

Just drive it!

 

[Decayed]

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.

Yep class action suits are designed to enrich lawyers. Plaintiffs get basically nothing.

 

[Fcnrwy]

Yep class action suits are designed to enrich lawyers. Plaintiffs get basically nothing.

Yep!
And it only will get worse...

 

[NJBob]

So what are they doing on the newer models? Just eliminating the shutters and have the holes already there?

 

[Darnon]

So what are they doing on the newer models? Just eliminating the shutters and have the holes already there?

Yes. The newer hybrids appear to just be using the same undershield as the EcoBoost which has the holes matching the recall modifications already.

 

[Susan]

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.

Or if someone gets hurt by one that's already been "fixed".

Don't mind me. Retired lawyer here whose first 2 new Fords were Pintos

 

[Susan]

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...

I see we may have another former Pinto owner in the group!

 

[V2WIN]

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.

I do not agree this is a solution. Ford refuses to admit why they fear fuel or oil leaking. Aka rod through the side of block. Some hybrids blow a head gasket due to infrequent operating temperatures. Every hybrid built does not require the recall. Why? Toyota hybrids don't need this. Ford, come clean, tell us why certain vins need this, while most don't. Personally I think we should get lifetime engine warranties.

 

[Edrobyn]

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.

Hope Ford sues the lawyer for a few million. Maybe it will be an example to stop a few of them from chasing what they think is free money.

 

[jsus]

So what are they doing on the newer models? Just eliminating the shutters and have the holes already there?

Think of it this way. They "redesigned" the two components by removing 4 AGS vanes and adding those holes. All new production is built that way. For units built with the original design, the recall modifies them to match the redesign.

So, yes. My Escape Hybrid built after the recall is the same way - there are "missing" AGS vanes and the holes added in the recall are already there. It's the same with Maverick and Corsair Hybrids - all are part of the same redesign and recall.

 

[Darnon]

Ford, come clean, tell us why certain vins need this, while most don't. Personally I think we should get lifetime engine warranties.

There is no "certain VINs need this". ALL hybrids were affected by this modification. There is no conspiracy of faulty engines that Ford is covering up.

 

[jsus]

I do not agree this is a solution. Ford refuses to admit why they fear fuel or oil leaking. Aka rod through the side of block. Some hybrids blow a head gasket due to infrequent operating temperatures. Every hybrid built does not require the recall. Why? Toyota hybrids don't need this. Ford, come clean, tell us why certain vins need this, while most don't. Personally I think we should get lifetime engine warranties.

Read through the previous threads. Summary: a small batch of ~200 Escapes with potential for improperly machined crankshafts led to a recall. Investigating the units with those engines led Ford to believe there was an unnecessarily high risk of fire with engine failure, whether with that specific failure (which is not a widespread issue) or any other failure of the engine. This is what Ford has shared and there is no publicly known reason to believe there is an unusually high risk of engine failure with this particular engine. Only that in the unlikely case of engine failure, which ultimately could happen to any engine based on how complex they are, there was a higher than acceptable risk that failure could lead to fire.

Thus the recall seeks to mitigate the risk of fire from an unlikely engine failure of any type.

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