Track Ready GT350 (2016) Heading to Trial

[Shelbeast]

I do not see this on the news page or in the top threads. #slackers

https://www.musclecarsandtrucks.com/ford-defends-mustang-shelby-gt350-in-lawsuit/

Will be interesting to see how this turns out.

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[Cobra Jet]

This lawsuit has been posted everywhere - from the very start of it.

What I wouid like to see is this:
- The count of how many actual Owners have REALLY been affected by this issue out of the ACTUAL sales of the affected vehicles. My bet is, it's a handful and that most of these cars NEVER see the track at all, nor have experienced any type of failure that rendered the car into "limp mode".

- An actual real time demo at a track of the issue. Meaning, take a Shelby from the Ford Pool and take a Shelby from the Owner's Pool to the track on the same day, with same conditions and run them for X-time, head to head and let's see the ACTUAL issue surface. When or IF that issue surfaces, how long was the vehicle on the track, what were the exterior temps, what were the vehicle fluid temps, what was the sustained speed/RPM AND in what gear.

------------

I'm not doubting any Owner's claim that the car *may* go into safe mode, based on XYZ conditions, but what I am doubting is the quantity of vehicles sold vs those actually being affected by this if daily use vs. a true, full fledged, dedicated track car.

You have 1 owner who initiated the suit, some others have joined. You can't tell me that ALL affected vehicles sold have joined this suit 100%. You also can't tell me that if every single one of those vehicles were put on a track that every single one of them would fault out or go into some sort of safe mode. You also can't tell me that one that never sees track use goes into limp mode during a daily driving jaunt.

That is where the doubt lies.

Just because an Owner's Manual or advertisement states that a vehicle is "track use" ready or was built as designed does NOT mean that it won't or can't have some type of sensor fault OR failure on a track when used for extended times of use, under certain environmental conditions, at a track that is different in design from the 100+ others out there, and certainly NOT because of an owner flogging the vehicle in the top of 3rd or 4th gear for over extended intervals. Track conditions vary, environmental conditions vary, temp conditions vary, and DRIVER mentality varies.

The "track use" verbiage in any vehicle Owner's Manual is open for interpretation AND it would be impossible for any vehicle Manufacturer to list every possible scenario or variable as to how that "track ready" vehicle should or should not be driven.

It's similar to an SUV Owner's Manual stating it's capable and fully ready for "off road use" and the idiot Owner takes the damn thing through 6ft or water, or rolls off a mountainside from climbing too high of a pitch, or gets it stuck in 4ft of thick soupy mud..... Does it mean the Manufacture is at fault?

It's a BS lawsuit and the only reason it has any steam at all is because the Class Lawyers and Media have continued to bring it to the surface, touting it as if ALL such Shelby's suffer from this so called issue.

 

[Shelbeast]

This lawsuit has been posted everywhere - from the very start of it.

What I wouid like to see is this:
- The count of how many actual Owners have REALLY been affected by this issue out of the ACTUAL sales of the affected vehicles. My bet is, it's a handful and that most of these cars NEVER see the track at all, nor have experienced any type of failure that rendered the car into "limp mode".

- An actual real time demo at a track of the issue. Meaning, take a Shelby from the Ford Pool and take a Shelby from the Owner's Pool to the track on the same day, with same conditions and run them for X-time, head to head and let's see the ACTUAL issue surface. When or IF that issue surfaces, how long was the vehicle on the track, what were the exterior temps, what were the vehicle fluid temps, what was the sustained speed/RPM AND in what gear.

------------

I'm not doubting any Owner's claim that the car *may* go into safe mode, based on XYZ conditions, but what I am doubting is the quantity of vehicles sold vs those actually being affected by this if daily use vs. a true, full fledged, dedicated track car.

You have 1 owner who initiated the suit, some others have joined. You can't tell me that ALL affected vehicles sold have joined this suit 100%. You also can't tell me that if every single one of those vehicles were put on a track that every single one of them would fault out or go into some sort of safe mode. You also can't tell me that one that never sees track use goes into limp mode during a daily driving jaunt.

That is where the doubt lies.

Just because an Owner's Manual or advertisement states that a vehicle is "track use" ready or was built as designed does NOT mean that it won't or can't have some type of sensor fault OR failure on a track when used for extended times of use, under certain environmental conditions, at a track that is different in design from the 100+ others out there, and certainly NOT because of an owner flogging the vehicle in the top of 3rd or 4th gear for over extended intervals. Track conditions vary, environmental conditions vary, temp conditions vary, and DRIVER mentality varies.

The "track use" verbiage in any vehicle Owner's Manual is open for interpretation AND it would be impossible for any vehicle Manufacturer to list every possible scenario or variable as to how that "track ready" vehicle should or should not be driven.

It's similar to an SUV Owner's Manual stating it's capable and fully ready for "off road use" and the idiot Owner takes the damn thing through 6ft or water, or rolls off a mountainside from climbing too high of a pitch, or gets it stuck in 4ft of thick soupy mud..... Does it mean the Manufacture is at fault?

It's a BS lawsuit and the only reason it has any steam at all is because the Class Lawyers and Media have continued to bring it to the surface, touting it as if ALL such Shelby's suffer from this so called issue.

Thanks! Great write up. I don't agree on the SUV rolling down mountains as a good comparison. They advertised as track ready. It was not. It will be subjective and depends on the judge. I do think Ford will win because they have the most money. It does not take every variable to cover the "track ready" claim. It only takes basic simple proof on the actual build. I don't know if the litmus will be met. We will see.

The trial part is new. The stuff before was all hearsay and rumors, been going on for years.

PS. my 2016 went into limp mode twice on weekend driving. Seems like an issue. Ford added coolers later...showing admission.

 

[svttim]

I owned a 16 Tech car. Drove in all conditions and never once did it go into limp mode. The addition of coolers in 17 was not any admission of anything. The bean counters won the argument in 15/16, Fords internal enthusiasts won in 17 and going forward and that was likely because of dealer and enthusiast lack of attention to which car was which and its capabilities. I had no intention of tracking my 16 and knew that if I did, it would be an issue. When I decided to track the car, I upgraded to the coolers. I got lucky and fell into the generous but poorly advertised upgrade program that Ford offered at a great price but, It still cost me money. I tend to blame the dealerships and their used car salesman mentality and Ford for not changing the requirements like they did for the SVT dealers in prior years. I should not go into a dealer and have to explain to a salesman what product he or she is selling. And that happens all the time.

 

[Shelbeast]

I owned a 16 Tech car. Drove in all conditions and never once did it go into limp mode. The addition of coolers in 17 was not any admission of anything. The bean counters won the argument in 15/16, Fords internal enthusiasts won in 17 and going forward and that was likely because of dealer and enthusiast lack of attention to which car was which and its capabilities. I had no intention of tracking my 16 and knew that if I did, it would be an issue. When I decided to track the car, I upgraded to the coolers. I got lucky and fell into the generous but poorly advertised upgrade program that Ford offered at a great price but, It still cost me money. I tend to blame the dealerships and their used car salesman mentality and Ford for not changing the requirements like they did for the SVT dealers in prior years. I should not go into a dealer and have to explain to a salesman what product he or she is selling. And that happens all the time.

Yeah, some dealers can be a sad bunch. But, they are just there to make money and improve bottom line. They will tell you whatever.

I did hear about the upgrade program online. It can also be used in court as admission. It does not matter what you or I think. But, like I said, it depends on what the judge thinks. Def. not clear cut. There's a reason it has gone to trial.

 

[svttim]

Yeah, some dealers can be a sad bunch. But, they are just there to make money and improve bottom line. They will tell you whatever.

I did hear about the upgrade program online. It can also be used in court as admission. It does not matter what you or I think. But, like I said, it depends on what the judge thinks. Def. not clear cut. There's a reason it has gone to trial.

Agreed but if I was a betting man......

 

[THX 138]

The case isn't going to trial any time soon. I just pulled up the case docket on PACER. Ford filed a Motion for Summary Judgment (attempting to get the case dismissed as a matter of law) and lost, and is now appealing the MSJ order. The case is temporarily stayed through Friday, and will more than likely remain stayed pending that appeal (the Court of Appeals needs to rule on the Motion to Stay). It won't go to trial, if at all, until the Court of Appeals determines whether or not the trial court correctly applied the law in ruling on the MSJ. At the earliest, trial is still at least a year away.

 

[Shelbeast]

The case isn't going to trial any time soon. I just pulled up the case docket on PACER. Ford filed a Motion for Summary Judgment (attempting to get the case dismissed as a matter of law) and lost, and is now appealing the MSJ order. The case is temporarily stayed through Friday, and will more than likely remain stayed pending that appeal (the Court of Appeals needs to rule on the Motion to Stay). It won't go to trial, if at all, until the Court of Appeals determines whether or not the trial court correctly applied the law in ruling on the MSJ. At the earliest, trial is still at least a year away.

OH wow. thanks

 

[barstowpo]

I have a 2016 Tech. I now have a Track too. My Tech has gone into limp mode once on the street and every time I tracked it after about 15 minutes. I can guarantee all Tech cars will go into limp mode when tracked. A ford engineer even told me I would be disappointed when I talked to him at the Track Tour.

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