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Personal Finance > Autos
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Class action blocked in tire case
U.S. Court of Appeals rules cases involving Ford and Firestone should be heard separately.
May 2, 2002: 5:32 PM EDT

NEW YORK (CNN/Money) - A U.S. Court of Appeals overturned class-action status of product liability claims against Ford Motor Co. and Bridgestone/Firestone Inc., meaning the potential plantiffs in cases involving Ford vehicles and the recalled tires must file individual lawsuits.

The class action lawsuit likely would never have included those who were injured or lost family members in accidents; they would likely have opted out of any settlement and pursued individual personal injury cases. Without class action status, most of the other plaintiffs are unlikely to pursue legal action, limiting the legal exposure of the world's No. 2 automaker and the Japanese-owned tire manufacturer.

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There have been more than 100 fatal accidents traced to Ford vehicles equipped with Firestone brand tires, primarily the Explorer sport-utility vehicles and the Wilderness AT tires. The problems prompted two massive tire recalls in 2000 and 2001 and severed a nearly century-old business relationship between Ford and Firestone, which blamed one another for the problems leading to the accidents.

U.S. District Court Judge Sarah Evans Barker in Indianapolis had granted class-action status to the claims in November 2001, but Thursday the Court of Appeals in Chicago ruled the claims should be heard under the law of the individual states involved.

"A single nationwide class is not manageable," said the court elsewhere in the opinion. "Lest we soon see a...petition to review the certification of 50 state classes, we add that this litigation is not manageable as a class action even on a statewide basis."

Ford and Bridgestone/Firestone issued separate statements saying they were pleased with the decision. Ford said the replacement of about 30 million Firestone tires used on Ford vehicles left little in the way of damages for the other plaintiffs.

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"The National Highway Traffic Safety Administration (NHTSA) has investigated the safety of the tires and Explorers and did not find any additional action to be warranted," said Ford's statement.

Firestone called the court decision "thoughtful and well-reasoned.

"This decision confirms what we have been saying all along: The issues and circumstances involved in these no-injury lawsuits are far too varied to justify class certification," said Firestone's statement.

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Shares of Ford (F: Research, Estimates) closed down 24 cents, or 1.5 percent, to $16.10 in trading Thursday.  Top of page

-- Reuters contributed to this story.





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