On July 6, 2018, American automaker Ford Motor Company was served with proposed class claims filed by Texas ambulance company, TacMed Holdings Inc., which claims that Ford was aware of serious engine defects in its Transit Vans for years prior to issuing a safety recall.
In the complaint, TacMed alleges that as early as 2015, Ford became aware of a serious defect in the flex disc of the company’s popular Transit Vans. The flex disc is described in the complaint as a type of “universal joint” positioned between the engine, specifically the transmission and the driveshaft. The flex disc is used to transmit the rotational torque generated by the engine to the driveshaft, which then passes it to the axles and the wheels to set the vehicle in motion. The failure of the flex disc can lead to serious issues with the rest of the vehicle, including damage to brake and fuel lines, transmission, rear end differential, torque converter and the evaporation container. Despite being aware of the serious safety risks associated with the defect, Ford continued to sell Transit Vans to the public, marketing the vehicle as “tough,” “safe,” “durable” and “designed to do its job all day, everyday, and for many years to come.”
It was not until June 28, 2017, that the defendant issued a safety recall. The recall advised drivers to replace the flex disc every 30,000 miles until Ford can devise a permanent remedy for the dangerous defect.
The suit alleges causes of action for breach of express warranty, breach of the Magnuson-Moss Warranty Act, breach of implied warranty of merchantability, fraud by concealment, unjust enrichment and violation of the Texas Deceptive Trade Practices Act. The proposed class is seeking to include anyone who purchased or leased a Ford Transit Van with a defective flex disk, for non-personal use, between 2015 and 2017.
The case is: TacMed Holdings Inc. et al. v. Ford Motor Company, Case No.: 7:18-cv-00212, in the U.S. District Court for the Southern District of Texas.
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