CASE NAME: Caricofe et al. v. Ford Motor Company

CASE NUMBER:  3:23-cv-01012

PRACTICE AREA: Consumer Protection, Defective Products, Automobile Defects


COURT: United States District Court for the Central District of California

Attention: Any owners or lessees of a 2020 to 2023 Ford Explorer with a 2.3L engine or an Explorer ST with a 3.0L engine.

Berger Montague is currently representing owners and lessees of a 2020 to 2023 Ford Explorer with a 2.3L engine or an Explorer ST with a 3.0L engine alleging that Ford Motor Company marketed, distributed, and sold these vehicles with a defective rear subframe attached with one horizontal bolt which is likely to break while the vehicle is in motion.

What Are the Allegations?

The plaintiffs are owners and lessees of 2020 to 2023 Ford Explorer with a 2.3L engine and with rear-wheel drive or an Explorer ST with a 3.0L engine, which are equipped with a defective rear subframe to which the rear differential is attached with a single horizontal bolt.  This configuration is unable to withstand the power coming from the engine, which Ford knew because the design called for a different, stronger subframe attached with two horizontal bolts.  Plaintiffs allege that Ford instead installed the weaker, one bolt design due to a combination of supply chain issues and higher costs for the appropriate materials.

The result of Ford’s decision is that the horizontal rear subframe bolt can break suddenly, most often when the vehicle accelerates from a stop.  When that bolt breaks, the rear differential immediately moves out of position, causing the rear axles to become disengaged from the powertrain.  The vehicles can also roll-away while parked when the components attached to the subframe lose contact with the transmission.  Other symptoms of the defect include alignment and suspension problems.

Ford was well aware of the risks of putting substandard materials in vehicles that would send a lot of power to the rear of the vehicle but chose to market, distribute and sell these vehicles to the general public regardless of the safety risk.  As a result, consumers are left with costly repair bills, and unsafe and unreliable vehicles rather than the reliable vehicles they thought they were buying.

What’s the Status of the Case?

The plaintiffs filed the case in May 2023.  We are currently speaking to other class members who purchased or leased a 2020 to 2023 Ford Explorer with a 2.3L engine with rear-wheel drive or an Explorer ST with a 3.0L engine in order to add their claims to the case.

Do I Have to Pay to Consult with Berger Montague?

The lawyers in Berger Montague’s Automotive Defect Group are available to review your potential claims free of charge.  If we decided to represent you in a lawsuit, we will enter into a written contingent fee agreement with you, meaning that Berger Montague only gets paid if we are successful in obtaining a recovery for you.

How Do I Get More Information?

If you purchased or leased a 2020 to 2023 Ford Explorer with a 2.3L engine with rear-wheel drive or an Explorer ST with a 3.0L engine, please contact Berger Montague by completing the form on this page or give us a call.

The lawyers in Berger Montage’s Automotive Defect Group work relentlessly to champion the rights of consumers and force manufacturers to take responsibility for the defective products they put on the market.  Our lawyers are dedicated to vindicating consumers’ claims under state warranty and consumer protection law and have a proven track record of success in obtaining compensation for vehicle owners who purchased or leased defective vehicles.

If you have purchased or leased a vehicle and experienced a defect that impacted the safety of the vehicle and has resulted in economic losses, please contact Berger Montague.  Our award-winning lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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