Newark, NJ – A putative class action lawsuit filed in federal court in Newark claims a design defect in certain Ford Explorer, Ford Edge and Lincoln MKX models allows carbon monoxide to enter the passenger compartment.
Ford has known of the defect since 2012 but has not warned owners to get it fixed, the suit alleges. The automaker issued two technical safety bulletins to dealers about the problem but never notified owners despite the safety hazard it presents, the suit claims. Ford has attempted to fix the problem on customers’ vehicles with a variety of remedies but none have proved effective, according to the suit.
“Given that the defect renders driving the subject vehicles a health hazard that is potentially deadly, the vehicles are valueless,” the suit claimed.
The suit covers 2011-2015 Ford Explorers as well as Edge and MKX models from 2011-2013 with 3.5L and 3.7L TIVCT engines.
The latest suit was filed in Monmouth County Superior Court on May 26 and removed to federal court on July 2. It was filed on behalf of New Jersey owners or lessors of the vehicles in question. The complaint also proposes a subclass with claims under New Jersey’s Lemon Law for claimants who reported the defect to Ford in the first two years or 24 months of ownership.
The suit cites testimony from a Ford Motor Co. official in a transcript of a Better Business Bureau arbitration hearing where he said the defect is not an isolated one but is occurring across the board in the models in question. The official also indicated that Ford was unable to find a remedy to the problem, according to the suit.
Similar suits have been filed against Ford in federal courts in the Southern District of Florida, the Eastern District of New York, the Southern District of California and the Southern District of Texas, according to the complaint.
The class representatives in the New Jersey case, Stephen Schondel and Linda King-Schondel of Middletown, purchased their 2014 Explorer in January 2014, according to the complaint. They complained to the dealer on multiple occasions that they smelled exhaust fumes inside the vehicle but were assured there was no carbon monoxide entering the vehicle and that they were not at risk, the suit claims.
Fumes are most likely to enter the vehicles when they are driven at high speed with the air conditioner on the recirculate setting, said Jordan Lewis of Kelly/Uustal Trial Attorneys in Fort Lauderdale, who is of counsel on the case to Christopher Placitella of Cohen, Placitella & Roth in Red Bank. Lewis’ firm also filed the Florida, Texas, California and New York cases. Some parties who have contacted his firm have reported that they and their children felt sick after riding in the vehicles, Lewis said.
In the other lawsuits, Ford has taken the position that only a small number of owners have complained about exhaust fumes entering the passenger compartment, and therefore no problem exists, said Lewis. Ford has repurchased some of the subject vehicles from owners, Lewis said.
The New Jersey suit brings claims for breach of implied and express warranty, violation of the New Jersey Consumer Fraud Act, of the Magnuson-Moss Warranty Act, and of the New Jersey Motor Vehicle Warrant Act, also known as the Lemon Law.
Ford’s removal notice said it had sold more than 61,000 2011-2015 Explorers to buyers with New Jersey addresses.
Matthew Goldberg of DLA Piper in Philadelphia, who signed the removal notice, did not return a call for comment. Ford Motor Company also did not respond to a request for comment.