— A Ford Explorer hood class action lawsuit has been dismissed after two SUV owners alleged the hood paint bubbled and the hoods rusted prematurely.
The hood rust and bubbles allegedly cause the Explorers to look lousy and lose their values, problems the class action lawsuit alleges should have been repaired under a recall. However, Ford allegedly refuses to recall the Explorers to repair the corroded hoods.
The alleged hood rust problems began when Ford switched from steel Explorer hoods to aluminum hoods about 20 years ago, allegedly so the SUVs saved on fuel due to the lighter weight associated with aluminum panels.
According to the class action lawsuit, technical service bulletins issued by Ford to its dealerships allegedly prove the automaker knew the hoods were rusting and bubbling. Those bulletins were first issued in 2004 when dealers were told Explorer owners were complaining about rusted and corroded hoods.
The Ford Explorer hood lawsuit references these bulletins:
- TSB 04-25-1 (2000-2005 Ford Explorers)
- TSB 06-25-15 (2002-2007 Ford Explorers)
- TSB 16-0028 (2002-2016 Ford Explorers)
- TSB 17-0062 (2000-2017 Ford Explorers)
If those weren't enough, the class action alleges Ford issued another TSB in February 2019 which superseded all previous technical service bulletins.
A big claim made by the plaintiffs is how Ford's warranty has extended coverage for Explorer body panel corrosion. But Ford allegedly gets out of its obligations by limiting coverage so that it applies only if a body panel “perforates,” which means it corrodes through the panel completely.
"Your vehicles’ body sheet metal panels are covered for an extended Corrosion Coverage Period, which lasts for five years, regardless of miles driven. The extended warranty coverage only applies if a body sheet metal panel becomes perforated due to corrosion during normal use due to a manufacturing defect in factory-supplied materials or factory workmanship." — Ford Explorer hood corrosion extended warranty
However, the Ford Explorer class action lawsuit alleges it's impossible for aluminum body panels to perforate.
Ford Explorer Hood Lawsuit is Dismissed
Court documents don't go into much detail, but the plaintiffs say their "claims in this matter pending against Ford Motor Co. ("Defendant") have been resolved to the satisfaction of Plaintiffs and Defendant."
"Pursuant to Local Rule 83.13 and Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs Taylor Cavette and Diane Vo and Defendant Ford Motor Co. hereby jointly stipulate to the dismissal of Plaintiffs’ claims against Defendant with prejudice, and to the dismissal of the other putative Class members’ claims without prejudice, with each party to bear their own costs."
The Ford Explorer hood class action lawsuit was filed in the U.S. District Court for the Western District of Tennessee: Cavette, et al., v. Ford Motor Company.
The plaintiffs are represented by Glassman, Wyatt, Tuttle & Cox, and McGuire Law.
