A U.S. District Court in Louisville Kentucky has reopened a 2005 lawsuit filed against Ford Motor Company that alleges the automaker installed a faulty 2003 model year diesel engine into a 2004 F-250 Super Duty pickup truck. With yesterday's reinstatement of the case that was dismissed in 2007, the lawsuit continues to be under consideration for class-action status.
As reported by Automotive News, Kenneth Corder of Louisville, Ky. filed a lawsuit claiming his 2004 F-250 Super Duty equipped with a 6.0-liter Power Stroke was given an unreliable 2003 model year powertrain. Corder stated in court documents he specifically waited for the 2004 model year in hopes to bypass the ailments reported with the previous year diesel truck. In 2005, he petitioned for his case to be deemed with class-action status in order to represent other owners that were given the suspected faulty engine as well.
"The engine in the 2003 F-250 truck was notorious for its deficiencies, which were widely publicized, including leaky fuel injectors, oil leaks, broken turbochargers, wiring harness troubles, faulty sensors, defective exhaust gas recirculation valves and bad computers," stated U.S. District Judge William Schwarzer in an opinion Wednesday. Schwarzer voted in favor of the case's reinstatement.
In response, Ford has stated that model years are not recorded for engines, but Judge Schwarzer maintains there is "substantial evidence" indicating that Ford does in fact distinguish between its engine years.
Out of a panel of three judges, only Judge David McKeague voted against reopening Corder's lawsuit.
"Ford is disappointed with the decision," spokeswoman Marcey Evans stated to Automotive News. "The company agrees with Judge McKeague that it is not misleading or deceptive not to inform car purchasers about the manufacturing history of vehicle components, and that the plaintiff in this case, who is satisfied with his properly-performing vehicle, has suffered no loss. We believe that a jury is likely to reach these same conclusions as well."
With that said, there was no provided information indicating if Corder had experienced any malfunctions, mishaps or wrecks as a result of his 2003 model year Power Stroke engine.
At least 58 suits were filed in 2005 against Ford involving quality issues with their diesel engines.
Source: Automotive News (Subscription required)