— Ford 10R80 transmission problems are being argued in court as a federal judge recently tossed most of the claims against Ford.
Plaintiffs Daniel McCabe, Daniel Wright and Jeffrey Pollack sued Ford over 10R80 10-speed automatic transmissions that allegedly "shift harshly and erratically, causing the vehicle to jerk, lunge, clunk, and hesitate between gears.”
The Ford 10R80 transmission lawsuit includes:
“All persons in the United States and its territories who formerly or currently own or leased one or more vehicles with a 10R80 10-speed automatic transmission.”
The 10R80 transmission class action names these affected vehicles.
- 2017 to present Ford Expedition
- 2017 to present Ford Mustang
- 2017 to present Ford Ranger
- 2017 to present Ford F-150
- 2017 to present Lincoln Navigator
The Ford 10R80 transmission problems allegedly cause a vehicle to lose power while accelerating such as on a highway or at an intersection. The transmissions also allegedly fail to shift up or down, something that can cause whiplash and distracted driving.
The 10-speed transmissions also allegedly make loud noise which also distracts Ford drivers.
In March 2018, Ford issued its first of several technical service bulletins to dealerships about 10R80 transmission problems, and between 2018 and 2023 Ford also provided technicians with special service messages regarding the 10-speed transmissions.
The 10R80 transmission problems allegedly caused these bulletins to be issued to dealerships.
For its part, Ford says the 10R80 transmission adaptive shift strategy allows the computer to learn the shift patterns of drivers which improves shift quality.
Ford allegedly knew about 10R80 transmission defects, yet it “has allowed Plaintiffs and Class Members to continue to drive the Class Vehicles,” “has not recalled the Class Vehicles,” and “has not offered to reimburse Class Vehicle owners and lessees who incurred costs relating to the transmission problems.”
Ford Transmission Lawsuit: Most Claims Dismissed
Ford filed a motion to dismiss the 10R80 transmission class action lawsuit and convinced the judge to dismiss all the claims except three.
Though the three named plaintiffs filed the 10R80 transmission class action lawsuit for more than $5 million, the lawsuit doesn't claim any of the three owners took their vehicle to a dealer.
In addition, none of the plaintiffs claim they even contacted a dealer about the alleged transmission problems.
"A failure to present a vehicle to the dealer for repair or replacement is not a mere technicality; such a failure eviscerates the express warranty." — Judge F. Dennis Saylor, IV
According to the judge, it appears Ford even offered to fix the alleged 10R80 transmission problems the three plaintiffs claim they experienced.
"The complaint alleges that plaintiffs gave notice to Ford of their claims, and that Ford 'suggested . . . a possibility of individual resolution' of those claims. It thus appears to allege that Ford offered to resolve the problems, and that plaintiffs refused to permit it to do so." — Judge Saylor
However, the class action will continue based on three claims related to state law, breach of warranty and fraudulent concealment claims.
The Ford 10R80 transmission lawsuit was filed in the U.S. District Court for the District of Massachusetts (Eastern Division): Daniel McCabe v. Ford Motor Company.
The plaintiff is represented by Milberg Coleman Bryson Phillips Grossman, PLLC, The Carlson Law Firm, P.C., Brent Coon & Associates, and Wallace Miller LLP.
