A Ford Duratec lawsuit has been dismissed, but the plaintiffs may have another shot to prove their allegations in court.
According to the Duratec engine lawsuit, millions of 2007-present Ford vehicles are equipped with the allegedly defective water pumps that cause engine damage.
The Duratec engines allegedly fail because coolant mixes with engine oil once the coolant leaks from the water pumps. The plaintiffs claim the engines may fail without drivers having any warning of the impending doom.
A Ford Edge owner says the water pump failed and caused the Duratec engine to fail, costing the plaintiff nearly $7,600 to replace the engine. Separately, another Ford Edge driver says the Duratec engine failed on a highway and cost him $1,200 to replace the engine with a used one.
Ford owners complain about the costly job to replace the water pumps because they are located inside the Duratec engines but behind the timing chain covers and multiple engine components.
The plaintiffs argue the pump may cost about $160 to replace, but the coolant circulates throughout the engine which requires the big job of replacing the engine. Even if only the water pump needs to be replaced, the job can easily cost $1,500 because of where the pumps are located.
Ford owners also complain about the dangers that pop up when the engines and pumps fail while driving, causing the vehicles to stall in traffic.
The lawsuit alleges Ford deceives customers into believing the water pumps will last at least 150,000 miles without need for maintenance or replacements.
The plaintiffs brought 55 claims under 11 states’ laws, but the judge dismissed all 55 claims except for two claims of one plaintiff. However, the two claims of the one plaintiff were settled with Ford, leaving the case completely dismissed.
The judge says for the most part, the dismissal was based on a single determination: The plaintiffs' amended lawsuit didn't plead facts from which it could be inferred that “Ford knew or should have known that water pumps in Cyclone [Duratec] engines were defective.”
The judge also ruled that if the plaintiffs had additional allegations concerning Ford's knowledge of defects, the plaintiffs would have included those allegations in their amended lawsuit. This caused the judge to dismiss the lawsuit with prejudice, blocking the plaintiffs from filing the lawsuit once again.
However, the plaintiffs asked the judge to reconsider her decision.
“Specifically, Plaintiffs request that the Court reconsider its finding that Plaintiffs have not sufficiently alleged that [Ford] . . . knew or should have known that the water pump installed in Plaintiffs’ vehicles was defective.”
Judge Laurie J. Michelson says she still finds the plaintiffs haven't shown she made a mistake by dismissing the lawsuit, but the judge says she will reconsider her decision to dismiss the case with prejudice. Once all parties have presented their arguments, the judge will decide if the plaintiffs can file a second amended lawsuit.
The Ford Duratec lawsuit was filed in the U.S. District Court for the Eastern District of Michigan, Southern Division - Roe, et al., v. Ford Motor Company.
The plaintiffs are represented by the Miller Law Firm, P.C., Kessler Topaz Meltzer & Check, LLP, Keil & Goodson, P.A., and the Edwards Firm, PLLC.
CarComplaints.com has complaints from owners of numerous Ford vehicles.
SOURCE: CarComplaints.com — Ford Duratec Lawsuit Over Water Pumps May Be Ending
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