Two new ambulances and a lawsuit against the Ford Motor Company ? that’s what the Oxford Fire Department is getting for Christmas.
Last week, the township board voted 7-0 to replace two allegedly faulty Ford ambulances by purchasing two new ones made by General Motors for a total of $319,534. The projected delivery date is May 1, 2015.
‘This is a health, safety (and) welfare issue,? said township Supervisor Bill Dunn. ‘I wouldn’t want to be out there with a heart attack and then have the damn (ambulance) conk out halfway to Pontiac.?
Officials also voted 7-0 to retain Southfield attorney Adam Alexander, on a contingency basis, in an effort to recoup monies from Ford for losses incurred by the fire department due to the ‘inefficiency? of these two ambulances. Combined, they have been ‘out of service? for 200 days since 2011 due to allegedly faulty motors.
‘I’m hopeful that Ford steps up immediately and either buys these back or hands the township a nice check because I don’t think they want the publicity,? Alexander said.
Alexander plans to file suit against Ford in Oakland County Circuit Court for breach of warranty under the Uniform Commercial Code, plus a claim under the federal Magnuson-Moss Warranty Act.
‘Some people like to call it the federal lemon law,? he said.
Michigan’s lemon law does not cover commercial vehicles.
‘I think it’s a good case,? Alexander said ‘It’s pretty outrageous. There are many occasions where . . . (the ambulance) just died. It wouldn’t restart. That’s just dangerous when you’re taking somebody, potentially in bad condition, to get medical help and the thing stalls out.?
Alexander has plenty of experience dealing with the Dearborn-based automaker.
‘I’ve been suing Ford for 19 years,? he said. ‘I do lemon law for a living . . . I’ve probably got five or 10 (cases) right now, pending against Ford.?
Overall, Alexander said he’s ‘got a good record.?
‘I get something for my clients every time,? he said. ‘Ford probably settles these cases 99 percent of the time . . . Generally, Ford is pretty reasonable.?
Based on his experience, Alexander believes Ford will want to resolve Oxford’s case.
‘I think there’s a lot of emotional value to this case (because it involves a fire department’s ambulances),? he said. ‘I think Ford would probably want to settle this one.?
When contacted about Oxford’s decision to take legal action against Ford, Mike Levine, truck communications manager, responded via e-mail. He wrote, ‘We are unable to comment on potential litigation matters.?
The two ambulances at the heart of this situation both have 2009 Ford E-450 cutaway chassis.
According to Fire Chief Pete Scholz, between the two of them, they have been ‘out of service? for more than 200 days, either sitting at the dealership undergoing repairs or sitting at the fire station waiting to go to the dealership.
‘The motors are failing in them,? he told the board.
Both of the Ford chassis are equipped with 6.0-liter diesel engines, which Scholz said Ford has discontinued manufacturing.
Alexander’s researched the E-450 chassis and ‘there’s a long history of defects and recalls with these vehicles (because of) the engines.?
‘Knowing that problem even exists, strengthens the case more,? he said.
Engine problems cause these ambulances to either not start at all or fail while traveling on the road, according to Scholz.
When one experiences issues on the road, the chief said it ‘spits and sputters,? and belches out ‘huge clouds of black smoke? to the point where citizens have actually called 9-1-1 believing them to be on fire. There’s also a dramatic loss of power whereby the ambulance’s maximum speed is reduced to 15 miles per hour.
Scholz explained to officials how the ambulances have a habit of conking out while at the hospital. Once they’re shut off, they won’t start again for a while.
‘Most of the time it’s a two-and-a-half to three hour wait while the engine cools down completely,? he said. ‘We’re sitting in the middle of the emergency bay, blocking all the other ambulances coming in there because our truck’s broke down.?
The chief noted fire personnel can’t leave the ambulance running in the emergency bay because it would cause exhaust fumes to build up and enter the hospital.
With both personnel and an ambulance stuck at the hospital, Scholz noted Oxford must typically rely on neighboring Addison and Brandon fire departments to help cover calls.
More than 80 percent of Oxford’s calls are medical-related. The department averages at least five calls per day and as of Dec. 10, it had responded to 1,951 calls this year.
Oxford has four ambulances. Two are in good working order, so the allegedly faulty units are used as backup.
The fire department has gone through Ford customer service to resolve this issue, but the results have not been satisfactory, according to Scholz.
Ford has been paying anywhere from half to two-thirds of the dealership repair bills and has offered to extend the warranty on both of them for another year, according to Scholz.
‘The problem is, in the meantime, the vehicle’s unreliable. I can’t depend on that truck running every single time,? he said. ‘It doesn’t fix the problem. They can’t fix the motor. This is an inherent issue that they’ve got with the 6.0 (liter) diesel motor that they’ve got in them.?
The original 60,000-mile warranty has expired on both vehicles.
Scholz said Ford replaced the diesel motors offered in the E-450 chassis with V-10 gas engines. But simply taking out the diesel engines in these existing ambulances and replacing them with gas engines is not an option.
‘You can’t do that because it changes everything inside that whole compartment there. From the suspension to the transmission, everything changes,? Scholz told this reporter.
And Ford, according to Scholz, isn’t willing to simply replace the whole chassis at no cost to Oxford. ‘They have not offered to do that,? he said. ‘We asked them and they would not commit to anything.?
In addition to repair bills, the fire department has also been spending its own money to have the ambulances towed to the Suburban Ford dealership in Waterford.
‘Most of the time we have to have it towed over to the dealership to get it worked on,? Scholz said. ‘The tow bills have not been covered under warranty, so we’ve been paying the tow bill every single time.?
The chief noted the first few times, Buckhorn Towing in Lake Orion, didn’t charge the department because they have a good working relationship. But as the tows became more frequent, Buckhorn began billing them.
‘I don’t fault them at all (for) charging for it,? Scholz said.
The fire department was supposed to furnish the Leader with figures regarding how much it’s spent in repairs and towing, but that did not happen by press time.
Scholz wished to make it clear that he does place any of the blame for this situation on the Suburban Ford dealership.
‘Their service work has been exemplary as far as working with us and making sure that (we) could get as much covered under warranty (as possible),? he told the board.
Scholz noted the dealership consistently made repairing Oxford’s ambulances a top priority because they’re emergency vehicles.
‘I don’t fault or place the blame with them at all. They’ve been very good to work with us,? he said. ‘Basically, it’s the Ford motor that is the actual problem.?