Class-Action Status Rejected for Ford, Firestone Claims

A federal appeals court Thursday overturned a ruling granting class-action status to millions of product liability claims involving Ford Motor Co. and Bridgestone Corp.’s Firestone unit, saying a single trial would be unmanageable.

The product liability claims involve Ford’s Explorer sport utility vehicle and Firestone’s Wilderness tires and do not involve any injuries. The ruling does not affect hundreds of personal injury lawsuits against the companies that are pending across the country.

Federal regulators have linked rollover accidents involving Ford Explorers and Firestone tires to about 271 deaths and more than 800 injuries.

The decision means that more than 3 million owners of Ford Explorers made between 1991 and 2001 and 15 million Firestone tire owners would have to file individual cases instead of joining a consolidated case.

The U.S. 7th Circuit Court of Appeals in Chicago agreed with the companies’ arguments that a single trial on the product liability claims would be unmanageable given the various state laws and circumstances involved.

The decision reverses a ruling made in November by District Judge Sarah Evans Barker of Indianapolis to form two classes, one class for the buyers of Ford Explorers and one for buyers of the Firestone Wilderness tires.

The companies applauded the decision and noted that the appellate judges recognized that most of the tires had been recalled by Ford and Firestone and that the National Highway Traffic Safety Administration had investigated the safety of the tires and the Explorers and did not find any additional action to be warranted.

Attorneys representing consumers said they are examining all of their options, including a possible appeal.

“The battle’s not over by a long shot,” said Don Barrett, lead counsel for the plaintiffs’ class-action cases pending before Barker in Indianapolis. He said a task force is being formed that would take the cases to various state courts.

“Firestone made a terrible tire, Ford made a terrible vehicle, and they conspired together to hide it,” Barrett said. “We will continue seeking justice until we find it.”