Reuters is reporting that following its vehicle recall in 2011 of over 425000 Windstar minivans Ford Motor Company is suing Dana for failing to reimburse them for faulty vehicle subframes which Ford claims was the basis of the recall. According to Ford’s complaint filed with the court Ford suffered damages due to the faulty subframes and the subsequent recall. Ford also alleges that Dana has refused to follow the terms of their agreement contract to reimburse Ford for the faulty frames.
A report by the National Highway Traffic Safety Administration led to a subsequent recall of the subframes in the minivans. They found that when the subframes were exposed to the salt used on iced over roads the salt would stick to the frames and over time the subframes would corrode and break apart causing a crash. This is the second in a series of recalls with the Windstar Minivan. Previously Ford recalled 492000 Windstars because the real axle of the vehicle would rust and break apart. The complaint was filed with the Michigan Circuit Court on July 27th.
Commentary
Having the subframe or its parts erode and break is extremely dangerous. It could lead to the loss of control of the vehicle and a crash. It is unclear from the available information whether the frames were made in conformity with the specifications requested by Ford or whether the impairment is due to manufacturing negligence. If the frames were made to specification then Ford may have additional culpability to anyone who may have had a crash and been injured due to the frames breaking on the vehicle.
Theoretically anyone who was involved in a crash due to this malfunction could have a suit against Dana and/or Ford Motor Company. If the suit goes forward only the discovery process may shed some light on the actual liability if any of all the parties. This will be a complex case involving contract dispute issues and the underlying tort issues of personal injury and product liability which could impact the legal rights of third parties in the future. It will be an interesting case to follow and see how it progresses.
