Area man is suing Ford over its Focus

Class-action suit involving suspension moves to federal court

“Overall, the suspension defect creates an array of safety hazards in the areas of handling, steering, stability, and braking of class vehicles.”

—Class action lawsuit

A class-action lawsuit alleging suspension defects in the Ford Focus has been moved from a Miller County court to a federal one at the request of Ford’s lawyers.

The suit was filed initially in 2012 in state court on behalf of Kevin Holt of Miller County, and all others similarly situated, by Texarkana lawyers Jim Wyly and Sean Rommel. Ford removed the case to the Texarkana division of the Western District of Arkansas federal court Feb. 12.

Ford filed an answer to Holt’s complaint denying the allegations. Ford’s answer alleges the damage to which the complaint refers were directly caused by Holt or others and that Holt’s claims are barred by the statute of limitations. Ford’s answer, filed by Little Rock lawyer Ed Lowther, lists a bevy of legal defenses to Holt’s claims.

Holt’s suit hopes to include as plaintiffs any owner or lessee of a model year 2005 to 2011 Ford Focus living in the state of Arkansas.

The suit alleges the cars come off the assembly line with a suspension defect that is annoying, makes tires wear prematurely, causes misalignment and creates dangerous driving conditions.

“This tire wear, in turn, can lead to a catastrophic tire failure at highway speeds, loss of control, and personal injury or death,” the complaint states. “Further, the suspension defect causes class vehicles to inordinately drift on wet or snowy roads, with resulting loss of control. Overall, the suspension defect creates an array of safety hazards in the areas of handling, steering, stability, and braking of class vehicles.”

Because the suspension problem causes noise and a rough ride for owners, it creates “intense frustration and dissatisfaction,” the complaint states.

The suit alleges Ford has known about the problem for years but has done nothing to fix it.

“Ford has actually conceded the existence of the suspension defect when, in 2008, it changed the factory/stock tires. But despite this change, the suspension defect has persisted,” the complaint alleges. “Ford has taken no significant action to cure it. It has instead actively concealed the suspension defect.”

The suit alleges Ford issued a technical service bulletin to its authorized dealers in July 2010, “Likely because the number of consumer complaints about the suspension defect increased to worrisome levels,” the complaint states.

The fix Ford advised its dealers to use involves an alignment modification.

“The alignment modification … does not yield any permanent repair and is at best something temporary that lasts a mere 5,000 miles or less,” the complaint alleges. “The modification also creates a financial burden for class members in terms of parts and labor, which they pay for out of pocket.”

Calls for comments to lawyers on both sides of the case Friday were not returned.

The case has been assigned to U.S. District Judge Susan Hickey. No hearings are scheduled in the case.