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CASES & INVESTIGATIONS |
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GENERAL INFORMATION |
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| July 26, 2007 |
Law.com, "Florida
Jury Awards $6 Million to Man Injured in Ford
Van Rollover" |
After
a six-week product liability trial, a Broward
Circuit Court jury in Florida Wednesday awarded
$6 million to a 22-year-old man for injuries
he suffered five years ago in the rollover of
a 1993 Ford Aerostar van. It was a victory for
plaintiff Julian Felipe, who was temporarily
paralyzed after the accident. The jury found
that Ford Motor Co., the sole defendant in the
case, was negligent in putting the vehicle on
the market with a defect in the design and manufacture
of its roof structure that led to a roof collapse.
Ford had eight lawyers in the courtroom, including
outside counsel from Carlton Fields. None could
be reached for comment. In the rollover, the
roof of the van caved in on the side where Felipe
was seated, and he suffered a broken neck.
Ford's
attorneys argued unsuccessfully that the automaker
should not be held responsible because the vehicle
was 9 years old at the time of the accident and
had been purchased as a used vehicle by Felipe's
mother in 1999. The company also asserted that
the van met all the minimum federal motor vehicle
safety standards and that the rollover was a freak
occurrence.
Gonzalez
countered that Ford knew or should have known that
the Aerostar was unstable, had handling problems,
and had a high center of gravity that would make
it difficult to control during emergency maneuvers.
He argued that those defects came into play when
the car suffered a tire failure, causing Felipe's
mother to lose control of the vehicle and the vehicle
to roll. Experts for the plaintiff testified that
the roofs in Ford's trucks and vans deformed at
speeds as low as 5 miles per hour, crushing the
passenger closest to the initial impact. "This
is unacceptable and immoral in my opinion," Gonzalez
said in a news release after the verdict. "The
cost of fixing this problem is $25 per vehicle," he
said. "But Ford figures that it is cheaper
to litigate than to mitigate, because the percentage
of injury isn't large enough in their opinion,
so they gamble with people's lives and put them
at risk. That's just wrong." |
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