FORT MYERS — A federal judge granted a motion to remand a case to state court involving Takada airbags.
"Ford bears a 'heavy burden' to show clearly and convincingly Florence fraudulently joined Happy Dayz and cannot possibly state a claim," U.S. District Judge Sheri Polster Chappell wrote in the April 21 order. "Because Ford fumbled that burden, the Court must remand for lack of subject-matter jurisdiction."
Reshay Florence was involved in a car accident on May 15, 2019, while driving her boyfriend's car, which was purchased at Happy Dayz Auto Sales and manufactured by Ford Motor Company.
When the car crashed, the airbags were deployed, but because of an allegedly defective design in the airbags, Florence suffered injuries from the airbag.
Florence claimed in the complaint that the vehicle had been purchased four months earlier and that there was an active recall on the vehicle when it was sold, which it claims the defendants had a duty to fix or at least warn her boyfriend when he purchased the vehicle.
Ford argued that Happy Dayz was fraudulently joined to the case, but Florence disagreed with Ford.
"Ford contends that because Happy Dayz provided a 'Buyer’s Guide' and sold the car 'as is' without a warranty, it had no duty to perform the recall or warn Florence’s boyfriend about it," the order states. "Further, says Ford, the Buyer’s Guide included language advising the buyer to search for open recalls."
Ford argued that the Federal Trade Commission (FTC)'s rules regarding buying used vehicles to include the buyer's guide on the window, but Barber wrote that even if the FTC's rules dealt with some legal duties, those don't include the state-law duties car dealerships selling used cars must abide by.
"So without opining on the merits, the Court concludes there is a possibility the state court could find Florence stated a negligence claim against Happy Dayz," Barber wrote. "Ford calls the Motion a 'Hail Mary.'"
U.S. District Court for the Middle District of Florida case number: 2:20-cv-00226