Ford Settles TFI Module
Case
A $2 Savings Per Vehicle
Could Now Cost Ford $2.7B in TFI Ignition Module Settlement
Excerpted from The Associated
Press, 10/25/2001
An agreement was finally made
between Ford Motor Co. and lawyers representing a class action
lawsuit in Alameda County (Calif.) Superior Court.
The out-of-court settlement ends
years of litigation and avoids a court-ordered trial expected
to begin later this year which could have exposed Ford to billions
of dollars in damages under California consumer law. "I
think it's as good as they could have possibly gotten, short
of a recall," says Jeff Fazio, lead attorney suing Ford.
The settlement comes two months
after The Associated Press reported that at least 11 deaths and
31 injuries were blamed on stalling Ford vehicles equipped with
the ignition device. The AP also obtained internal Ford memos
that show the automaker had evidence its ignition design could
make engines suddenly fail on the road.
The deal could cost the automaker
as much as $2.7 billion according to an estimate from the plaintiffs;
that amount was disputed by Ford as being inflated. "This
[setttlement and related costs] will not be something that will
have a material effect on the company's financial position,"
says Ford attorney Richard Warmer.
Affected are 20 million cars
and trucks that are prone to stall, of which an estimated 12
million are still on the road. The ignition device, called a
TFI (Thick Film Integrated) ignition module, was mounted on the
distributors and originally installed on many 1983-95 model Ford
cars & trucks, including all models of the Mustang SVO and
other EEC-IV vehicles. Failure of the TFI module can occur due
to extreme heat and vibration exposure, causing a "rapid
catastrophic failure" -- in other words, the vehicle would
stall.
Millions of current and former
Ford owners nationwide can be reimbursed for repairs and related
expenses such as towing fees, so long as the vehicle has or had
less than 100,000 miles at the time of failure.
The settlement does not affect
any of the wrongful-death and personal-injury lawsuits filed
over the defect. "If Ford were concerned about public safety,
they would have recalled the vehicles," says Clarence Ditlow
of the Center for Automotive Safety.
The judge ruled that Ford knew
as early as 1982 that the vehicles were prone to stalling, especially
when engines grew hot; having concealed internal documents from
NHTSA investigators, the case against Ford was closed years ago
due to lack of evidence.
The lawsuit challenges Ford's
placement of the TFI ignition module which regulates electric
current to the spark plugs.
The module was mounted in 29
Ford models on the distributor near the engine block where it
was exposed to temperatures above 257 degrees which could cause
failure of the module. Ford engineers knew that some engine compartments
had temperatures exceeding that.
Judge Michael E. Ballachey finally
signed the settlement Thursday after weeks of closed-door negotiations
which expands the original California case of 2 million vehicles
to cover vehicles nationwide.
Specific details on the reimbursement
program are yet to be announced. |