Ford Seeks to Dismiss “Death Wobble” Class Action Lawsuit
What Is a Death Wobble?
A “death wobble” is one of the most frightening experiences a driver can encounter on the road. The term describes a terrifying situation in which a vehicle starts shaking so violently and uncontrollably that the driver is convinced their life is in danger. The only way to stop the shaking is to dramatically reduce the speed of the vehicle to a near stop – an action that can be extremely difficult on certain roads and highways.
A Class Action Lawsuit Is Filed Against Ford
Ford F-Series Super Duty trucks have been susceptible to experiencing death wobble. In June 2019, McCune Wright Arevalo, LLP, filed a class action lawsuit against Ford, a popular American automaker, on behalf of William Lessin and other F-250 and F-350 truck owners. The lawsuit alleges that Ford knowingly sold F-250 and F-350 trucks (model years 2005-2019) with defective suspension and steering systems, rendering these vehicles susceptible to experiencing death wobble.
Consequently, thousands of people, like Plaintiff Lessin, all experienced the terrifying death wobble effect after hitting a groove, bump, or pothole while traveling at highway speeds. Lessin took his vehicle to the San Diego Ford dealership twice for repairs, but the employees refused to fix the vehicle under warranty and denied the existence of a defect. According to Lessin, Ford is trying to avoid expensive recall and repair costs by claiming that the death wobble is caused by improper vehicle maintenance.
Ford Urges California Federal Court to Dismiss Lawsuit
On August 2, 2019, Ford asked a California federal court to dismiss the proposed class action lawsuit based on the state’s statute of limitations for breach of warranty claims. According to the company, Lessin “never sought a repair from Ford under the limited warranty, which provides free repairs for a period of 3 years or 36,000 miles” and “the statute of limitations also bars plaintiff’s claims because they were not brought within four years of his purchase.” Ford also argues that Lessin cannot serve as a class representative because each state has unique and potentially contradictory laws regarding fraud, warranty claims, and consumer protection.
Reenat Sinay, a reporter for Law360, interviewed Attorney David Wright, a partner at McCune Wright Arevalo, LLP, who is representing Lessin. Attorney Wright has already planned his response to the automaker’s premature request to dismiss the case, and told the reporter, “Ford Motor Company characterizes Lessin’s experience of violent and continuous shaking of his F250 truck when encountering pavement irregularity at freeway speeds – shaking that can only be stopped by significantly reducing the vehicle’s speed – as being ‘unremarkable.’ This is the same attitude that has allowed the safety issue to go unresolved for nearly 15 years.”
Have You Experienced Death Wobble in a Ford Truck?
At present, over 1,000 death wobble complaints involving Ford F-Series Super Duty trucks have been submitted to the National Highway Traffic Safety Administration. The company refuses to recall its defective vehicles, reimburse its customers, or offer free repairs and replacements.
The lawyers at McCune Wright Arevalo, LLP hope the outcome of this class action lawsuit will encourage Ford to correct its negligent and unlawful practices before anyone is seriously hurt or killed in a death wobble accident. If you’re a Ford F-250 or F-350 truck owner who has experienced death wobble, contact our product liability lawyers to explore your legal options. Our award-winning legal team can help you pursue justice and restitution through civil litigation.
Contact McCune Wright Arevalo, LLP at (909) 345-8110 to schedule a free case evaluation.