A lawsuit making outlandish claims was filed Friday, May 10, 2013 by three Ford owners. While anybody can relate to their concerns, the lawsuit claims are ludicrous. Here's why.
The lawsuit filed in the U.S. District Court for the Southern District of Ohio Eastern Division in Columbus claims that the 3.5-L V-6 EcoBoost engine "contained serious latent design, manufacturing, or assembly defects," according to an Autoweek story. These claims are related to the issue of the vehicles going into limp mode (when the vehicles shake, misfire or rapidly lose power.) The lawsuit further claims the problems are related to moisture built up in the engine intercooler.
This issue isn't brand new to this website as we previously reported on select vehicles experiencing this issue. Ford has started to address this problem with a redesigned charged air cooler. Owners who have experienced this issue have gone to their dealer and had it fixed.
The lawsuit claims that Ford knew of these "defects" and didn't tell every Ford owner about the problem. That is probably true, but why would they? They wouldn't be expected to go through the hassle of notifying owners of a problem that doesn't affect all vehicles. For example, the NHTSA reports it has heard around 100 complaints. This is a very small number compared with the millions of Ford vehicles on the road with the engine.
The truth is that the lawsuit is correct in saying the humidity in the charged air cooler causes limp mode. However, it misses the facts that the issue is mostly related to warm, humid climates. A relatively low number of vehicles affected in just a part of the country are both big reasons why there hasn't been a recall.
Why then if Ford is fixing the issue would you file a lawsuit? You are mad that's why. Yes, the owners of the vehicles involved in the lawsuit had situations with their EcoBoost powered vehicle that caused them concern and anguish. And yes, they were probably frightened by the experience. The best recourse then is to sell the vehicle and move on. Not launch a lawsuit seeking thousands (or millions) in damages.
What do you think? Is this lawsuit worthless or a good idea?