Ford Attorneys Flex Muscle in Limp-Home Throttle Body Lawsuit
Who really pays if an auto recall lawsuit gets dismissed?
While certain of its Ford and Lincoln vehicles allegedly enter “limp-home” mode and power down unexpectedly while traveling at high speeds, Ford attorneys, on the other hand, are anything but wimpy when it comes to defending the automaker in the defective electronic throttle body class-action lawsuit.
Ford defects attorneys following the lawsuit are waiting to see how the court will rule on Ford’s motions to dismiss the entire lawsuit or alternatively to dismiss multiple individual claims within it.
In a nutshell, the class-action suit (previously reported on this blog) alleges that certain “Ford and Lincoln vehicles experience sudden deceleration because they enter “limp home” mode due to defective… electronic throttle bodies”. Plaintiffs allege that it’s a “serious safety hazard” when vehicles suddenly and without prior warning rapidly decelerate, sometimes while the vehicles are traveling at high speeds on the highway. Warning lights allegedly “illuminate at the exact same time” as the car is loses power—rather than in advance—resulting in drivers having to quickly try to “limp” safely off the road while avoiding other vehicles that may be traveling at higher speeds all around them.
In attacking some of the breach of warranty claims, Ford asserts that “express warranty claims fail because the plaintiffs didn’t plead an injury” and further adds that “having a warranty doesn’t mean having a vehicle free from all defects “.
Ford also argues that fraud claims should be dismissed for failure to allege any “essential elements”. Ford claims that attacks on Ford’s advertising were vague and unspecific and that the plaintiffs haven’t demonstrated that Ford had “the responsibility to warn of an alleged defect”.
If you are driving a Ford or Lincoln vehicle affected by the electronic throttle body problem, or any vehicle with recurrent repair or safety problems, The Law Offices of Timothy Abeel & Associates can help. Contact us today for a free consultation.