Ford Explorer Exhaust Fume Settlement Gets First Approval

Ford Motor Co. and owners of certain Ford Explorers won a Michigan federal court’s early approval of a class settlement resolving allegations that exhaust fumes seep into the vehicles’ passenger compartments.

The deal, approved April 30 by Judge Terrence G. Berg of the U.S. District Court for the Eastern District of Michigan, provides notice to class members that no-cost repairs are available and gives cash refunds to some who paid for exhaust fixes.

Suresh Persad, Daniel Wright, and Robert Drummond sued Ford in 2017, alleging 2016 and 2017 Explorers have a defect that allows exhaust fumes, including carbon monoxide, to infiltrate and accumulate in the passenger cabin.

The settlement covers all entities and natural persons in the U.S. who currently own or lease, or previously owned or leased, a 2016 or 2017 Ford Explorer. It excludes Police Interceptor Utility Ford Explorers.

Class members will be directly informed about post-warranty repairs addressing exhaust odor. The settlement also provides notice concerning inspection and sealing of gaps in the passenger compartment, and installation of a modified exhaust system in certain vehicles.

Additionally some class members are eligible for up to $125 to reimburse costs related to the inspection and sealing of gaps in the passenger compartment, and up to $400 reimbursement for costs related to modified exhaust system installation.

The plaintiffs’ attorneys will seek up to $3.5 million for fees and costs. They will also seek $10,000 service awards for each of the three lead plaintiffs.

A final fairness hearing is set for Nov. 15.

Ford settled a similar suit in 2017 involving 2011-2015 Explorers.

Kessler Topaz Meltzer & Check LLP and The Miller Law Firm PC were appointed class counsel. Dykema Gossett PLLC and DLA Piper LLP represent Ford.

The case is Persad v. Ford Motor Co., E.D. Mich., No. 2:17-cv-12599, 4/30/21.