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Sanchez-Knutson v. Ford Motor Co.

United States District Court for the Southern District of Florida

October 7, 2014, Decided; October 7, 2014, Entered on Docket

CASE NO. 14-61344-CIV-DIMITROULEAS

Opinion

 [*1224]  ORDER DENYING FORD'S MOTION TO DISMISS

THIS CAUSE is before the Court upon Defendant Ford Motor Company ("Ford" or "Defendant")'s Motion to Dismiss [DE 19]. The Court has carefully considered the Motion, Plaintiff Angela Sanchez-Knutson ("Plaintiff")'s Response [DE 23], Defendant's Reply [DE 25], arguments by counsel at the hearing on October 2, 2014, and is otherwise fully advised in the premises.

I. BACKGROUND

This action arises out Ford's sale of Ford Explorer model vehicles1 with an  [*1225]  allegedly dangerous and defective condition that was allowing the exhaust and other gases to enter the [**2]  passenger compartment of the vehicle during normal use.

According to the factual allegations of the Complaint, Plaintiff Angela Sanchez-Knutson ("Plaintiff") is a resident of Broward County, Florida. [DE 1] at ¶ 10. Defendant Ford Motor Company ("Ford") is a Delaware corporation with its principal place of business in Michigan. ¶ 11.

On March 31, 2012, Plaintiff purchased a new 2013 Ford Explorer from an authorized Ford dealership in Gainesville, Florida. ¶ 12. The 2013 Ford Explorer purchased by Plaintiff was dangerous and defective when purchased because its design and exhaust and/or HVAC systems permitted an exhaust odor, exhaust and other gases, including carbon monoxide, to enter the passenger compartment of the vehicle. ¶ 13. This defect is latent in nature because it is not obvious or ascertainable upon reasonable examination or inspection. [**3]  ¶ 13. At the time of the purchase, Plaintiff was not notified that the 2013 Ford Explorer she was purchasing was defective, nor was she notified that she and all occupants, including her husband and children, would be exposed to lethal carbon monoxide and other potentially dangerous gases while driving in her 2013 Ford Explorer during its normal and customary use. ¶ 14.

Plaintiff brought the vehicle in for service at an authorized Ford dealership in Sunrise, Florida, on or about the following dates: September 12, 2012, November 29, 2012, March 20, 2013, August 20, 2013, November 7, 2013, January 7, 2014, March 13, 2014, and April 14, 2014. ¶ 15. Each time, Plaintiff or her husband notified the authorized Ford dealership that an exhaust odor was present in the passenger compartment while the vehicle was in use, and that the odor would intensify when the driver accelerated the vehicle. ¶ 16.

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52 F. Supp. 3d 1223 *; 2014 U.S. Dist. LEXIS 148186 **

ANGELA SANCHEZ-KNUTSON, Plaintiff, vs. FORD MOTOR COMPANY, Defendant.

Subsequent History: Motion granted by, in part, Motion denied by, in part, Motion denied by, Without prejudice Sanchez-Knutson v. Ford Motor Co., 2015 U.S. Dist. LEXIS 181093 (S.D. Fla., Mar. 19, 2015)

Dismissed without prejudice by, in part, Motion denied by, in part Sanchez-Knutson v. Ford Motor Co., 2015 U.S. Dist. LEXIS 181103 (S.D. Fla., July 21, 2015)

Motion granted by, in part, Motion denied by, in part Sanchez-Knutson v. Ford Motor Co., 2015 U.S. Dist. LEXIS 181109 (S.D. Fla., Oct. 1, 2015)

Motion granted by, in part, Motion denied by, in part Sanchez-Knutson v. Ford Motor Co., 2015 U.S. Dist. LEXIS 181104 (S.D. Fla., Oct. 2, 2015)

Class certification granted by, in part, Class certification denied by, in part Sanchez-Knutson v. Ford Motor Co., 310 F.R.D. 529, 2015 U.S. Dist. LEXIS 144857 (S.D. Fla., Oct. 6, 2015)

Motion denied by Sanchez-Knutson v. Ford Motor Co., 2016 U.S. Dist. LEXIS 122694 (S.D. Fla., Mar. 29, 2016)

Motion granted by, in part, Motion denied by, in part, Motion denied by Sanchez-Knutson v. Ford Motor Co., 181 F. Supp. 3d 988, 2016 U.S. Dist. LEXIS 58207 (S.D. Fla., Apr. 5, 2016)

Motion denied by Sanchez-Knutson v. Ford Motor Co., 2016 U.S. Dist. LEXIS 123237 (S.D. Fla., July 11, 2016)

Related proceeding at Schiesser v. Ford Motor Co., 2016 U.S. Dist. LEXIS 149392 (N.D. Ill., Oct. 28, 2016)

Settled by, Judgment entered by, Motion denied by, As moot Sanchez-Knutson v. Ford Motor Co., 2017 U.S. Dist. LEXIS 96560 (S.D. Fla., June 20, 2017)

CORE TERMS

warranty, exhaust, passenger compartment, manufacturer, carbon monoxide, gases, air, Explorers, consumers, motion to dismiss, dealership, extractor, privity, express warranty, odor, model year, repair, replacement, defects, rear, breach of implied warranty, unfair, defective vehicle, implied warranty, allegations, argues, dual, plaintiff's claim, design defect, assembling

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Commercial Law (UCC), Sales (Article 2), Contract Provisions, Warranties, Warranties, Express Warranties, Implied Warranty of Fitness, Implied Warranty of Merchantability, Antitrust & Trade Law, Consumer Protection, Magnuson-Moss Warranty Act, Deceptive & Unfair Trade Practices, State Regulation, Administrative Law, Separation of Powers, Primary Jurisdiction