Dayton Daily News

West Chester Twp. launches suit against Ford over car fire

- By Denise G. Callahan Contact this reporter at 755-5074 or email Denise. Callahan@coxinc.com.

West Chester Twp. and its insurance company have sued Ford Motor Company after the engine on a Ford Explorer police cruiser spontaneou­sly combusted and the vehicle burst into flames during an emergency response call.

The township and its insurance company, the Ohio Township Associatio­n Risk Management Authority, filed suit in Butler County Common Pleas Court on Feb. 9 against Ford and the Lebanon Ford dealership. They are seeking at minimum $48,353 plus other damages in the products liability suit.

“Defendants design, manufactur­e and distributi­on of the Explorer, which suffered from the defect was negligent, grossly negligent, reckless, willful, wanton and inten- tional,” the lawsuit reads.

According to the lawsuit the township bought the vehi- cle in January 2021 and it was deployed for the first time on May 31, 2021 for a 12-hour shift. At shift change, Officer Gabe Staton began patrolling and was dispatched to an emergency on Lake Meadow Court. He drove about 65 miles per hour for around

three miles to reach the incident.

He left the vehicle running because his lights were acti- vated and two minutes later someone yelled the Explorer was on fire. Staton tried using his onboard fire extinguish­er to no avail and “flames were visible under the Explorer and through the Explorer’s hood area.”

The fire department was called and extinguish­ed the fire “at the time the Explorer was destroyed by the engine fire, it had an approximat­e

odometer reading of 150 miles.”

The suit says OTARMA paid the township for the dam- aged vehicle but West Chester had to pay the $500 deductible — they want to be made whole and then some. The five-count action asks the court to award “actual, compensato­ry, exemplary, puni- tive and other damages” to OTARMA to stop Ford from manufactur­ing other “defec- tive” vehicles.

The suit notes “defendants have not taken any steps to

attempt to resolve the defect or the claims alleged herein” since they were notified about the engine explosion in August 2021.

It claims West Chester has been “deprived of the use of the Explorer, has had to spend time and resources replacing the Explorer and has had to spend time and resources securing alternativ­e transporta­tion” and “these qualify as direct, incidental or consequent­ial pecuniary (monetary) loss.”

The lawsuit cites numerous examples from the National Highway Traffic Safety Administra­tion where engines in Ford vehicles have spontaneou­sly caught fire.

“Spontaneou­s engine fires create significan­t risks of bodily injury and/or death to those inside vehicles, like the Explorer, which experience them, as well as signif- icant risks to structures and other real and personal prop- erty...,” the lawsuit reads and later adds, “West Chester Township relied upon defen- dants to furnish a vehicle that could actually be driven with- out exploding.”

Hamilton police haven’t experience­d any sudden engine explosions with their Ford SUVs, but Capt. Trent Chenowith said Ford recalls are problemati­c.

“Recalls from Ford are taken very seriously and dealt with promptly to avoid unnecessar­y mechanical issues with our fleet of cruisers,” he told the Journal-News. “The recalls are inconvenie­nt and have increased in frequency over the last few years, but that is often a byproduct associated with a body style change or engine conversion.”

The Journal-News looked up the Vehicle Identifica­tion Number — provided in the lawsuit — on the NHTSA website and it was recalled last year for a rear axle mounting bolt that “may fracture during vehicle accelerati­on.” The recall notes if the repairs were not made it “increases the risk of crash or injury.”

The last major Ford fire risk recall was issued in November 2022 for 2020-2023 Bronco Sport and Escape SUVs with possible cracked fuel injectors. Another was issued last May for 2021 Ford Expedition­s and Lincoln Navigators when owners were instructed to park their vehicles outside due to the risk of fire, according to the NHTSA.

“Fires have occurred in vehicles that were parked and turned off,” the recall notificati­on reads in part. “More than 39,000 vehicles are affected, and at this time there is no known cause or remedy.”

Ford did not respond to a request for comment. Robert Reichert, the attorney for Lebanon Ford, said “we really have nothing to say about pending litigation, it’s the matter of the insurance company versus Ford Motor Company essentiall­y.”

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 ?? CONTRIBUTE­D ?? West Chester Twp. has sued Ford Motor Company after a police cruiser spontaneou­sly combusted in May 2021.
CONTRIBUTE­D West Chester Twp. has sued Ford Motor Company after a police cruiser spontaneou­sly combusted in May 2021.

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