A Largo couple and a Tampa couple are involved in class-action suits against the company.
By JENNIFER LIBERTO, Times Staff Writer
Published July 3, 2005
A red plastic, aluminum and steel switch, small enough to disappear in a cupped hand, has triggered fires charring parked Ford trucks, a massive recall and a litany of civil lawsuits.
The same little switch caused an early morning explosion in January 2003, which engulfed Michael and Marla Iley's Ford F-150, according to the couple's insurance investigator. The fire spit metal car parts all over the yard, scorched the minivan parked beside the truck, blackened the driveway and melted the vinyl siding off the Ileys' Largo home.
Yet, it wasn't until earlier this year, when the National Highway Traffic Safety Administration started investigating Ford's recall of 800,000 of the switches - installed to deactivate the vehicle's cruise control - that attorneys had enough firepower to start filing lawsuits.
The Ileys' attorneys have not just filed a civil lawsuit. They have filed what is believed to be the first class-action lawsuit against Ford Motor Co. on behalf of all those who bought cars with confirmed defective switches.
"There are literally hundreds of thousands of people at risk when they park their cars in their garage, with the motor not running, and the cars spontaneously catch on fire," said Tampa attorney Mike Peacock.
Ford disagrees the problems are so widespread.
The company cited insurance industry statistics that state faulty switches constitute less than 100 of about 100,000 no-collision vehicle fires each year.
"Unfortunately, fires happen every year in all makes and models of all manufacturers for a number of reasons," said Ford spokeswoman Kathleen Vokes in a written statement. "The vast majority of those (no-collision vehicle fires) involve vehicles that are not equipped with these switches."
Vokes also said the company has not seen many lawsuits about faulty switches, which it says it stopped installing in cars in 2003. Ford has been replacing the switch on all recalled models.
The original January recall and federal investigation included F-150s, Expeditions and Lincoln Navigators manufactured in 2000. A few 2001 Ford F-150 SuperCrews also were included.
In March, the National Highway Transportation Safety Administration opened a bigger investigation on an additional 3.7-million Ford trucks and SUVs manufactured between 1995 and 2002 with the switches. So far it has received another 319 complaints about fires from faulty switches.
The Ileys' attorneys filed a second class-action lawsuit in Tampa in May on behalf of all those other owners. Their clients in that case are Robert Nicholas Dill and Catrina Zambrano-Dill of Tampa. The Dills' parked 2001 Ford Expedition blew up at 10:15 p.m. on April 20, singeing their home.
How can such a small part, which retails for $20, cause so much trouble?
Tapping the brake triggers the pressure-sensitive switch to send an electrical signal to turn off the cruise control. Faulty switches appear to be prone to overheating or even shorting over time, whether the car's engine is off or on. The fires start when flammable hydraulic brake fluid from the brake system gets into the switch's circuits and ignites, said Rae Tyson of the federal safety agency.
So far, the agency has yet to confirm any fatalities associated with the problem, Tyson said.
But a Houston attorney has filed a civil lawsuit alleging a death because of the switch. An Iowa man claimed the switch caused a fire that killed his 74-year-old wife last month after their 1996 Ford F-150 caught fire and it spread to their house, according to the lawsuit filed earlier this month in Texas. Ford has denied the switch caused that fire.
Ford recently filed a motion to move the St. Petersburg case up to federal court, and it is expected to make the same move in the Tampa case. Some argue the federal courts tend to be more corporate friendly. Local attorneys say they intend to fight to keep the cases in state court.
In the meantime, the Ileys park their replacement truck, a silver and blue diesel Ford pickup, in the driveway with the hood facing the street. They never park in their garage anymore.
"We're sort of skittish about it," said Mike Iley, who bought the new pickup before he had heard how endemic Ford's faulty switch problem was. "I'm pretty sure this pickup doesn't have the switch. I physically looked at it. But I'm no expert."
