The case, which was first filed in 2004, alleges breach of warranty, negligence, and product liability. The trial court certified a nationwide class in 2007, but last year the Oklahoma Court of Civil Appeals reversed the lower court. In reinstating the case, the Oklahoma Supreme Court found that the trial court did not abuse its discretion in certifying a class on the breach of warranty claims. It declined to affirm class certification on negligence or product liability claims.
Grant Harvey of Gibbs & Bruns, one of attorneys for the plaintiffs, told us the breach of warranty claims were the most important to the class. “This is not a personal injury case,” he said. “It’s an economic damages case.”
Depending on the ultimate size of the class, Harvey said the plaintiffs will be seeking $60-100 million, or about $185 for each replacement pedal. He said the plaintiffs’ next move will to be to conclude discovery and ask the judge for a trial date. “This case has been going on way too long, he said.
In addition to Harvey, the plaintiffs are represented by Mark Giugliano and Andrew Pickens of Gibbs & Bruns in Houston; Troy Greene of the Greene Law Firm in Houston; John Dowdell and William O’Connor of Norman, Wohlgemuth, Chandler & Dowdell of Tulsa; and Michael Burrage and David Burrage of the Burrage Law Firm of Durant, Oklahoma. Ford is represented by Vani Singhal, Mary Quinn Cooper, Andrew Richardson, and Shelly Dalrymple of Eldridge Cooper Steichen & Leach. Williams has Kurt Stitcher of Levenfeld Pearlstein. Attorneys for the defendants were not immediately available for comment.