Californians v Ford Motor Company
Ford Notifies Californians of SUV Design Flaw
A California statewide notice program authorized by California's Sacramento County Superior Court began to issue notices to those who bought, owned or leased 1991-2001 model year Ford Explorers. The notices are a result of the Court establishing or "certifying," in February 2005, a class action lawsuit against Ford Motor Company, about whether Ford concealed a design flaw that increased rollover risk and lowered Explorer values.
The lawsuit includes California residents, including person and entities, who bought, owned, or leased, new or used 1991-2001 model year Ford Explorers in California between 1990 and August 9, 2000, and who either still own their Explorer or who sold, ended their lease, or otherwise disposed of it after August 9, 2000.
This is not a recall or a case about personal injuries or wrongful deaths. Instead, the lawsuit claims that Ford concealed what it knew about a dangerous design flaw that increases the Explorer's tendency to roll over, thereby misleading California consumers to buy or lease Explorers, and to pay more than what they should have. The lawsuit seeks money or benefits for the Class.
Ford denies that the Explorers at issue are defective and asserts that the unique handling characteristics of sport utility vehicles ("SUVs") were fully disclosed by it through product literature and government-mandated warnings. Ford notes that Plaintiffs do not claim that the Explorers are more likely to roll over than other comparable SUVs.
The Court has not decided whether the Class or Ford is right. A trial is scheduled to begin on September 25, 2006 at which the lawyers for the Class will have to prove their claims.
Those who wish to remain members of the Class don't have to do anything at this time and will be informed about any claims process that results from the trial or any proposed settlement. Class members will be bound by all orders and judgments of the Court.
