Dangerous Gas Pedal Revs Up Again

Houston, TXThousands of owners of Ford Super Duty Pickup Trucks and Expedition sport utility vehicles will have a chance to make Ford replace the gas pedal in some 300,000 to 500,000 vehicles manufactured between 2001 and 2003, thanks to the relentlessness of attorney Grant Harvey and the firm of Gibbs & Bruns from Houston, Texas.

A recent decision by the Oklahoma Supreme Court overturned an earlier decision by a lower court and ruled the plaintiffs' suit did meet the requirements of a national class action lawsuit. Harvey is expecting the breach of warranty suit will go forward as soon as possible.

"We hope to go to trial pretty quickly," Harvey says. "We intend to seek a quick trial date and we are going to try to crack the whip on that."

The multi-million dollar suit names both Ford and one of its suppliers, Williams Controls, Inc., the company that supplied Ford with the gas pedal, as defendants in the case.

According to the documents filed, as early as 2001, thousands of vehicle owners reported an alarming problem with the gas pedal. When they pushed their foot down to accelerate, the vehicle shifted into idle—some drivers reported they experienced the problem as many a hundred times.

"We certainly allege that it is a safety issue," Harvey says. "If you are punching the accelerator to get through an intersection or pass someone and you don't get the power you expect, that is clearly a safety issue. We have alleged the pedal was not designed robustly enough. Furthermore it did not meet Ford's own internal testing requirements."

In addition to being a lawyer, Harvey holds a Masters degree in Industrial Engineering—a good combination to have on your side when going up against Ford and its legion of engineers who will no doubt be called as witnesses in the class action.

"I am not afraid of the science and I have been practicing law for almost 20 years," Harvey says. "There is a comfortable level there and it doesn't scare me, but at the end of the day I still have to work hard," he adds with modesty.

Can Ford Pay?

Plaintiffs are asking that Ford replace the allegedly defective gas pedal—a cost of about $185 per pedal. Given the large number of potential plaintiffs, the troubled automaker is looking at million of dollars if Harvey wins the suit.

"I hope at some point they take steps to rectify what we contend is a defect," Harvey says. "We are going to do what we need to do in terms of representing the class."

Grant Harvey holds a B.S. and a M.S. Industrial Engineering from the University of Utah, University of Utah, M.S. Industrial Engineering and a J.D. from the University of Texas. He is also an Instructor at the University of Houston, Department of Engineering. Attorneys at Gibbs & Bruns have backgrounds in a range of practice areas.