FORD MOTOR COMPANY, APPELLANT,
v.
RONALD MAGILL, CHARLES JUNG, BURCH & BURCH, P.A., D.V.M., JOHN SHERRY, RANDEE SALLEE, DAN LYONS AND HAROLD SCHNORRENBERG INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLEES

Fla. 3d DCA | 1997-07-16
No. 96-1675
Before NESBITT and LEVY, JJ., and BARKDULL, Senior Judge.
698 So. 2d 1244 Florida District Court of Appeal, Third District (1997)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ford Motor Company appealed the trial court's certification of two subclasses of 1991-1995 Ford Explorer owners asserting warranty and tort claims based on an allegedly defective liftgate support mechanism. The appellate court reversed the class certification, finding that Florida law disfavors class actions in contract matters and that federal regulatory jurisdiction through NHTSA precluded the class remedy.


Holding

The court reversed the certification of both the Economic Injury Class and Recall Class, holding that Florida law generally disfavors class actions in contract matters and that federal regulatory jurisdiction through NHTSA precludes the class remedy. The individual plaintiffs are left to pursue common law breach of contract actions individually.


Headnotes

[1] Florida law generally disfavors class actions in contract matters.

[2] Federal agency action under a national recall program may warrant deference from state courts, precluding class certification.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Florida law generally frowns on class action in contract matters.”

Establishes the foundational principle guiding the court's reversal of class certification in this warranty/contract dispute.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Five Ford Explorer owners brought warranty and tort claims against Ford alleging that 1991 to 1995 Ford Explorers contain an inherent defect causing t…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Ford Motor Company appeals a class certification order. The appellees are five Ford Explorer owners who brought warranty and tort claims against Ford claiming that all 1991 to 1995 Ford Explorers contain an inherently dangerous defect that causes the support mechanism from each vehicle’s rear liftgate mechanism to fail. The trial court certified two sub-classes, to wit:

The first subclass, the Economic Injury Class, includes Florida residents who are past or present owners and lessees of 1991 through 1995 model year Ford Explorers who have or by the time of final judgment herein, will have suffered property or incidental damages as a result of the liftgate defect. The second subclass, the Recall Class, includes Florida residents who are present owners or lessees of 1991 through 1995 model year Ford Explorers or owners of such vehicles at the time of final judgment herein.

The trial court denied certification of a personal injury class.1 The purported classes would represent individuals that hold a contract status with Ford Motor Company. Florida law generally frowns on class action in contract matters. See Broin v. Philip Morris Co., Inc., 641 So. 2d 888 (Fla. 3d DCA 1994), rev. denied, 654 So. 2d 919 (Fla.1995); Southeast Bank, N.A. v. Almeida, 693 So. 2d 1015 (Fla. 3d DCA 1997).

Under a national recall program adopted by Congress under Title 49, U.S.Code, the National Highway Traffic Safety Administration (“NHTSA”), a federal agency, has taken jurisdiction of this matter and negotiated recall mandates and extended warranties with which Ford Motor Company is complying. Therefore, NHTSA has accorded present owners of the vehicles a remedy to secure a correction of the problem to their vehicle, and Florida courts should defer to NHTSA per the reasoning of American Suzuki Motor Corp. v. Superior Court of Los Angeles County, 37 Cal.App.4th 1291, 44 Cal.Rptr.2d 526 (1995).

The trial court, in its certification order, relied on this court’s opinions in R.J. Reynolds Tobacco Co. v. Engle, 672 So. 2d 39 (Fla. 3d DCA 1996) and Broin, supra. We find these eases not to be controlling. First, they sounded in negligence, not in contract, and second, they alleged personal injury, not injury to a chattel.

We therefore reverse the certification as to the recall and economic injury classes and leave each of the five individual remaining plaintiffs, and any others similarly situated, to their common law breach of contract actions, with directions to the trial court to dismiss the purported class action and to transfer the individual claims to the appropriate court that would have jurisdiction of any breach of contract action.

Reversed and remanded with directions.

. The plaintiffs filed a cross appeal as to this denial, but abandoned same.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw