— A Ford "death wobble" lawsuit alleges F-250 and F-350 trucks are defective because hitting grooves or bumps causes severe shaking and vibrations, or what is also called a "shimmy."
Filed more than five years ago in 2019, the Ford Super Duty 4X4 truck lawsuit has finally been certified as a class action, but only for certain owners in certain states.
According to the Ford "death wobble" lawsuit, the F-250 or F-350 front-end can violently shake while driving more than 50 mph and after hitting a bump or groove in the road. Decreasing the speed stops the vibration, but drivers say the experience is terrifying once the wobble begins.
Ford argued several points, including how the statute of limitations on some of the trucks expired long ago. Going back to 2004 when the 2005 models were first sold, 15 years passed before the "death wobble" lawsuit was filed.
The 13 Ford customers who filed the class action lawsuit contend the Ford Super Duty trucks contained design defects from the time the trucks were first sold.
The Ford truck steering shimmy class action lawsuit originally included all 2005-2019 Ford F-250 and F-350 trucks in the U.S.
Most truck owners would think if the trucks were defective, they would be defective for all owners in the country. But similar to many other automotive class actions, the Ford "death wobble" lawsuit has been certified only for certain owners in certain states.
According to the 85-page ruling from the court, the Ford steering vibration lawsuit has been certified as a class action for 2005-2007 and 2017-2019 Ford F-250 and F-350 customers in:
"Arizona, California, Colorado, Illinois, Maine, New Mexico, South Carolina, and Texas who purchased or leased a Class Vehicle for personal, family, or household purposes from an authorized Ford dealership within the United States."
This means any Ford truck purchased for business use is not included in the class action lawsuit, and a customer must have purchased the truck from a Ford dealership.
According to the Ford "death wobble" lawsuit, Ford should "repair, recall, and/or replace the Class vehicles and to extend the applicable warranties to a reasonable period of time, or, at a minimum, to provide Plaintiff and Class Members with appropriate curative notice regarding the existence and cause of the Defect."
Judge Anthony J. Battaglia allowed these specific claims to continue for these states:
- Arizona: Breach of Express Warranty
- California: Violation of the CLRA, and common law fraudulent concealment
- Colorado: Violation of the Colorado Consumer Protection Act, and common law fraudulent concealment
- Illinois: Violation of the Illinois Consumer Fraud and Deceptive Trade Practices Act
- New Mexico: Breach of Express Warranty, and violation of New Mexico’s Unfair Practices Act
- South Carolina: Breach of Implied Warranty
- Texas: Violation of the Texas Deceptive Trade Practices Act, and Breach of Express Warranty
The Ford "death wobble" lawsuit was filed in the U.S. District Court for the Southern District of California: Lessin, et al., v. Ford Motor Company, et al.
The plaintiff is represented by McCune Law Group, and Sohn & Associates.
