Still Breathing: Explorer Exhaust Fumes Lawsuit Carries On After Ford’s ‘Motion to Dismiss’ Denied

Despite issuing a Technical Service Bulletin (TSB) titled Explorer Exhaust Odor in Vehicle, Ford asked a court to throw out a lawsuit about … Explorer exhaust odors inside the vehicle. Not surprisingly their appeal was denied.

Ford filed the motion to dismiss by claiming it wasn’t responsible for breach of warranty claims because Sanchez-Knutson bought her Ford Explorer from a dealer, not directly from Ford. U.S. District Judge William Dimitrouleas didn’t buy that argument, and he further rejected Ford’s claim that only the federal government has jurisdiction in the exhaust claims.

The original TSB (12-12-4) from December 2012 was later superseded by TSB 14-0130 in July 2014. The newer document outlines software changes to the recirculation mode of the air conditioning during full throttle.

Ford tried to downplay the TSBs by saying they aren’t disclosures or admissions of any defect, just a set of instructions for mechanics. The judge didn’t buy it.

Man, they must be fuming.

(I’ll see myself out)