— A Ford Maverick airbag recall has shut down a class action lawsuit that was filed after Ford announced an airbag recall of about 65,000 model year 2022 Maverick trucks.
The Ford Maverick airbag lawsuit was filed by New York plaintiff John Solak who owns a 2022 Ford Maverick.
Even though the plaintiff filed the class action lawsuit for more than $5 million, he doesn't claim his Maverick side curtain airbag failed in any way.
The class action alleges 2022 Ford Maverick side curtain airbags are defective and made the trucks worth less than they should be. The Maverick airbags, “allow for displacement of as much as approximately 112 millimeters,” which exceeds federal standards of 100 millimeters.
And although Ford recalled the trucks to repair the airbags, the plaintiff argues the government-approved repairs are faulty and won't fix the airbag issues.
According to the airbag lawsuit, the "increased displacement translates into a larger gap forming between the side curtain airbags and the front-row side windows when the airbags deploy."
The National Highway Traffic Safety Administration discovered the airbag problem during a June 29, 2022, compliance audit. NHTSA contacted Ford and the automaker performed its own testing on three Maverick trucks.
What Ford found during the tests corresponded to the government's results, with Ford's displacement measures between 102 and 107.3 millimeters, above federal standards of 100 millimeters.
A Ford Maverick airbag recall was issued on August 8, 2022, and truck owners were notified in September 2022. Ford told Maverick owners there had been no crashes or injuries, but the Maverick trucks would receive new left and right side curtain airbag modules.
In addition, Ford Maverick customers would be reimbursed if they paid for airbag repairs.
The plaintiff contacted Ford after he received the recall letter and in October 2022 he told Ford he was filing a class action lawsuit for owners of 2022 Maverick trucks.
The Maverick airbag class action lawsuit alleges all 65,000 Maverick owners overpaid for their trucks and would have not purchased the trucks, or would have paid less for them, if Ford would have told owners the airbags were defective.
However, the plaintiff didn't say how much less Maverick owners would have paid for allegedly defective and dangerous vehicles.
Ford Maverick Airbag Recall "Moots" Lawsuit
Ford filed a motion to dismiss the Maverick class action, but Judge Bernard A. Friedman said the lawsuit allegations "are sufficient to plausibly demonstrate that Solak and the putative class members suffered an injury-in-fact."
However, when Ford announced the Maverick airbag recall it triggered oversight by safety regulators at NHTSA.
The judge notes Ford agreed to replace both front side curtain airbags for free and reimburse owners for out-of-pocket repairs.
"These remedial measures, coupled with NHTSA’s authority to ensure they are fully implemented, renders Solak’s claims prudentially moot." — Judge Friedman
Plaintiff Solak disagrees and argues the Maverick airbag recall does not moot the claims for money damages stemming from the amount truck owners overpaid for the allegedly defective vehicles.
"But that position is difficult to fathom when Ford’s recall measures would remediate the very same 'defect upon which' the 'diminished-value injury claim[s] [are] based.'” — Judge Friedman
The plaintiff also argues replacing the airbag modules may not be good enough to repair the Maverick trucks.
But the judge found numerous courts have declined defect lawsuits based on the prospect that a "recall proves ineffective."
"Instead, the speculation about the recall’s effectiveness raised 'a hypothetical possibility that the plaintiffs’ vehicle was not adequately repaired' — well short of a 'cognizable danger.'” — Judge Friedman
The Ford Maverick airbag class action lawsuit was filed in the U.S. District Court for the Eastern District of Michigan: John Solak v. Ford Motor Company.
The plaintiff is represented by Milberg Coleman Bryson Phillips Grossman.
