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FORD MOTOR CO. v. MAGILL

No. 96-1675.

698 So.2d 1244 (1997)

FORD MOTOR COMPANY, Appellant, v. Ronald MAGILL, Charles Jung, Burch & Burch, P.A., D.V.M., John Sherry, Randee Sallee, Dan Lyons and Harold Schnorrenberg individually and on behalf of all others similarly situated, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 1, 1997.

Attorney(s) appearing for the Case

O'Melveny & Myers and John H. Beisner and Brian C. Anderson and Lynn E. Parseghian, Washington, DC; Carlton, Fields, Ward, Emmanuel, Smith & Cutler and Wendy F. Lumish, Miami, for appellant.

Homer & Bonner and R. Lawrence Bonner, and Lorelei J. Van Wey and Marc A. Wites, Miami, for appellees.

Before NESBITT and LEVY, JJ., and BARKDULL, Senior Judge.

PER CURIAM.

Ford Motor Company appeals a class certification order. The appellees are five Ford Explorer owners who brought warranty and tort claims against Ford claiming that all 1991 to 1995 Ford Explorers contain an inherently dangerous defect that causes the support mechanism from each vehicle's rear liftgate mechanism to fail. The trial court certified two sub-classes, to wit:

The first subclass, the Economic Injury Class, includes Florida residents...

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