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November 30, 2006
PUNITIVE DAMAGES AGAINST FORD FOR ROLLOVER UPHELD
The California Supreme Court has refused to review or de-publish a ruling that leaves Ford Motor Co. “on the hook for $82.6 million in damages and will probably expose the auto industry to greater liability for defective vehicles,” according to a report in a law publication.
“The automobile industry has had its eyes on the case since June 2004, when San Diego jurors awarded Benetta Buell-Wilson more than $368 million in damages after she was paralyzed when her Ford Explorer rolled over on Interstate 8.” Over time, the report said, the amount was reduced on appeal to $82.6 million.
In arguing against punitive damages in the case, Ford had contended that the trial judge “refused to let Ford present evidence that would have shown the Explorer was one of the safest sport utility vehicles on the road. But attorneys for the plaintiff responded that case law made it “clear that comparing a product's safety or design features with those of competitors isn't relevant…”
"What matters,” the plaintiff attorneys told the court, “…is whether the challenged product is defective, not whether other products on the market are… the salient facts are that Ford knew the Explorer was defectively dangerous, could have done something about it and didn't."
Posted by MVHAP at November 30, 2006 07:26 PM