Court greenlights claims on behalf of classes of consumers suffering from defective Bosch CP4 fuel pumps installed in Ford diesel trucks

A federal judge today certified classes of consumers in five states in a lawsuit against Ford Motor Company accusing the automaker of knowingly selling diesel trucks equipped with defective Bosch CP4 fuel pumps, according to attorneys at Hagens Berman.

The class-action lawsuit was originally filed Nov. 16, 2018, and states that due to the defective high-pressure fuel pump manufactured by Bosch (the CP4 pump), Ford trucks with 6.7L Power Stroke diesel engines containing the CP4 pump could experience catastrophic failure and lead owners to costly repair bills. If you own an affected Ford truck, find out more.

According to experts, the affected vehicles’ CP4 pump design is fragile and fundamentally flawed in several respects, and incompatible with diesel fuel sold in America. Due to the lack of proper lubrication in U.S. diesel, the CP4 design causes metal shavings to build up in the fuel system and engine, leading to unexpected total engine failure. As described by the court in the order, “Plaintiffs allege that the CP4 pump has a fragile design prone to failure triggered by any number of foreseeable fuel characteristics.”

Repair costs range from $8,000-$20,000 and, since the “repair” consists of installing an identical replacement CP4 pump, it still leaves owners with defective vehicles. Owners are therefore subject to the inconvenience of an unreliable vehicle, repair costs, and the potential safety hazard of unexpected engine failure.

In Judge Laurie J. Michelson’s 60-page order, consumers’ claims were upheld under various state laws, and five classes were certified for the states of California, Louisiana, Ohio, Pennsylvania and South Carolina, with the court only declining certification of two states. The order also appointed class counsel, acknowledging the qualifications of Hagens Berman Sobol Shapiro LLP and co-counsel firms, Hilliard Law and The Miller Law Firm P.C.

“We are pleased with the court’s thoughtful analysis of the issues and look forward to continuing the case to fully uncover the exact extent of what Ford knew when it chose to sell these defective diesel trucks,” said Steve Berman, managing partner at Hagens Berman. “We believe Ford has greatly endangered the lives of many and has fought against its own customers, tooth and nail.”

In arguing against the claims of its own customers, Ford attempted to skirt accountability by alleging that slight changes in design between model years should deprive consumers of the ability to bring class claims together. The court disagreed with Ford, stating, “The Court finds that the design changes are not material to the question of whether the CP4 pump is defective. As Plaintiffs argue, the four versions share the same basic allegedly fragile design.”

In outlining the commonality claims addressed in the case, the order upheld consumers’ breach of implied warranty claims as well as those under California consumer protection laws, stating, ”Plaintiffs identify the common questions as being whether Ford had a duty to disclose the defect, and whether the defect was material to a reasonable consumer. …The Court agrees that these are common to the proposed California class. …Ford’s arguments on commonality fail to persuade.”

The court also largely denied Ford’s motion for summary judgment, establishing trial as the next step in the case.

Find out more about the class-action lawsuit against Ford for defective Bosch CP4 pumps installed in its diesel trucks.

About Hagens Berman

Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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“We believe Ford has greatly endangered the lives of many and has fought against its own customers, tooth and nail.”