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CASES & INVESTIGATIONS |
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GENERAL INFORMATION |
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| December 15, 2005 |
The
Galveston County Daily News, "Ford
hit with historic $16.6M Explorer verdict" |
A
405th State District Court jury hit the Ford
Motor Co. with a $16.6 million judgment in the
case of a rollover crash that killed a boy, 13.
The April 2003 wreck involved
a Ford Explorer purchased at McRee Ford in Dickinson. Dianne Reding rolled the
vehicle after what she said was a series of swerves that started when she tried
to avoid hitting a deer near Canyon Lake.
Defense attorneys for
Ford said Reding’s reckless driving caused the resulting crash that killed
Andrew Reding, the driver’s son. However, Galveston attorney Tony Buzbee,
representing plaintiff Reding, said Ford had known for years that the Explorer’s
tires were too narrow to be safe. More... |
| |
| December
2, 2005 |
Detroit
Free Press, "Group
calls for Ford to unseal safety tests" |
A
Washington auto-safety group launched a new effort
Thursday to unseal safety tests from Ford Motor
Co.'s Volvo division, saying the tests highlight
flaws in a new standard for vehicle roof strength
backed by federal regulators and automakers.
While the contents
of the documents are well known, safety advocates say making them publicly available
would force the National Highway Traffic Safety Administration to rethink its
new rule for how well car and truck roofs should protect people in rollovers. More... |
| |
| November 28, 2005 |
Automotive
News, "Senators
rebuke NHTSA on tougher roofs proposal" |
Two
key senators are warning federal regulators that
their effort to use tougher roof-strength rules
to block rollover lawsuits against automakers
may not be legal.
The warning to the National
Highway Traffic Safety Administration came from Sen. Arlen Specter, R-Pa., and
Sen. Patrick Leahy, D-Vt. They are the chairman and ranking minority member,
respectively, of the Senate Judiciary Committee. More... |
| |
| November 20, 2005 |
Detroit
News, "[Ford]
Explorer roof called too weak" |
Many
of Ford Motor Co.'s best-selling Explorer SUVs
from the 1999 to 2001 model years likely do not
meet a crucial safety requirement intended to
protect passengers in rollover crashes, a safety
engineering firm claimed in a petition filed
with the federal government.
Safety Analysis and Forensic
Engineering, which performs research for plaintiffs suing automakers, says internal
Ford documents show that a substantial number of 1999 to 2001 Explorers likely
do not comply with the federal vehicle roof strength standard. More... |
| |
| October 28, 2005 |
Reuters, "GM
recalls nearly 106,000 SUVs - Chevy Trailblazers,
GMC Envoys may have faulty door latch" |
General
Motors said on Friday that it was recalling nearly
106,000 sport utility vehicles in the United
States and Canada to fix a rear door latch that
may not close properly due to corrosion.
Alan Adler, a spokesman
for the world's largest automaker, said the 105,893 vehicles affected by the
potential safety defect included Chevrolet TrailBlazer EXT and GMC Envoy XL SUVs
from the 2002-2003 model years.
He said one alleged injury
had been caused by the faulty door latch.
A small number of 2003
model Isuzu Ascender SUVs are also affected, Adler said. GM builds the Ascender
for Isuzu Motors Ltd.
A total of about 98,000
of the recalled vehicles were registered or sold in Northeast and Midwest U.S.
states, where corrosion can occur due to winter road salt.
An estimated 7,893 vehicles
sold in eastern Canada are also affected, Adler said. |
| |
| October 26, 2005 |
The
New York Times, "Safety
Decoder: How to Make Sense of the Crash Ratings" |
The
Ford Escape is "a genius on anything from
dirt to gravel to granite," at least according
to a recent ad in Maxim magazine. Not
only does it have "brains for rocks," whatever
that means, it has a computer that checks for "wheel
slippage 200 times a second."
Not that any of that helped
on the government's rollover test. The Escape, a sport-utility vehicle, tipped
up on two wheels during the test, a potentially deadly result. The ad does not
mention that, of course. More... |
| |
| September
14, 2005 |
Bloomberg, "Ford
Loses $42 Million Texas Verdict in Rollover
Suit" |
A
Texas jury today found that Ford Motor Co. should
pay $42 million to the family of a 10-year-old
boy who was killed when he was partly ejected
from a Ford Expedition in a 2004 rollover accident.
The boy, Matthew Marroquin,
was wearing his seat belt when the vehicle's side window shattered and the boy
hit the ground as it rolled, his family said.
The Corpus Christi, Texas,
state court jury awarded $22 million in actual damages and $20 million in punitive
damages, finding the vehicle defective.
The suit is one of a growing
number claiming automakers should have used stronger glass in side and rear windows
to prevent ejections and partial ejections. The family's attorneys said laminated
glass would have protected the boy.
"Ford Motor Co. has ignored
the safety of its consumers for over 30 years," said Mikal Watts, a lawyer for
the family. "Ford knew that the use of tempered glass, and not laminated glass,
created a dangerous environment for their consumers."
The verdict is the
third-largest in a product defect claim against an automaker in 2005, according
to Bloomberg data.
The jury deliberated
six hours and found Ford 90 percent responsible for the boy's death. |
| |
| September
7, 2005 |
CNN/Money, "Ford
recalling 3.8 million vehicles; Trucks and
SUVs recalled for cruise control switch that
could cause fires" |
Ford
Motor Co. is recalling about 3.8 million trucks
and SUVs to fix a cruise control switch that
could overheat and burn even when the vehicles
are not running.
The switches were the
subject of a recent CNN investigation. (Ford document: Millions of vehicles have
fire risk part)
Ford said that its investigation
found that brake fluid could leak into electronical components of the speed control
system causing them to corrode.
"In rare cases, the
corrosion in the electrical components can lead to increasing resistance and
higher electrical current flow through the system. Together, these conditions
could lead to overheating and, possibly, a fire at the switch," the company
said in announcing the recall.
Ford is in the process
of acquiring parts necessary to repair the problem and, in the meantime, is advising
owners of the effected vehicles to take their vehicle to a dealer to have the
cruise control system deactivated.
The vehicles included
in the recall are 1994-2002 Ford F-150s, 1997-2002 Ford Expeditions, 1998-2002
Lincoln Navigators and 1994-1996 Ford Broncos equipped with factory-installed
speed control. |
| |
| July 17, 2005 |
The
Detroit News, "Danger Under
the Hood; A little girl dies; attention turns
to a faulty Ford part; More than 500 fires
reported in pickups, SUVs; probe centers
on cruise-control switch" |
The
noise woke Tanika Washington just before dawn,
a sound like heavy raindrops beating on the roof.
But when she sat up in
bed, she realized it was the crackling of fire.
"I think something's
burning," she said to her husband, Juan. "I think the house is on fire."
And when Juan opened their
bedroom door, a wall of fire was on the other side, raging through the hallway
of their split-level home. In the minutes that followed, the house in northern
Georgia burned to the ground, and four members of the Washington family escaped
with their lives.
But Blake Washington,
the couple's 4-year-old daughter, died in her bed in the blaze on New Year's
Day 2004, the victim of what baffled local investigators said was a fire of undetermined
origin.
Nobody suspected that
clues may have existed in the smoldering remains of the family's 2001 Ford F-150
pickup until a federal investigation of Ford vehicle fires became public earlier
this year.
With millions of Ford
pickups and SUVs now under scrutiny for dangerous fires, the Washington case
may prove to be a tragic example of the consequences of a hidden automotive defect.
On Friday, the Washington
family filed a wrongful death suit in a Georgia state court against Ford Motor
Co., alleging that a defective cruise-control deactivation switch in the F-150
caused the fire that killed Blake.
"We expect to prove
that the physical evidence is consistent with the fire originating in the Ford," said Mark
Chalos of the law firm Lieff Cabraser Heimann & Bernstein in Nashville,
Tenn. For Blake Washington's parents, the lawsuit is all about getting to the
truth behind the tragedy that changed their lives forever. "We lost a child
and nothing's going to bring her back, no amount of money," said Tanika
Washington. "I want somebody to give a damn that we lost our baby."
To read the full article on the Detroit News website, click
here. |
| |
| July 12, 2005 |
Associated
Press, "Government probes Ford SUVs,
Mustangs" |
The
government has opened an investigation into the
acceleration of some Ford Motor Co. sport utility
vehicles and the company's Mustang sports car,
officials said Tuesday.
The National Highway Traffic
Safety Administration said in a posting on its Web site that it was investigating
reports that the engine throttle became stuck in the open position in Ford Explorers
and Mercury Mountaineers, causing unwanted vehicle acceleration.
The probe involves about
690,000 Explorers and Mountaineers from the 2002 model year. NHTSA said its preliminary
investigation was prompted by 15 complaints and one reported crash. |
| |
| June 23, 2005 |
Los
Angeles Times, "SUVs Improve in
Rollover Ratings; Regulators credit the popularity
of 'crossover' vehicles, which have lower
centers of gravity" |
Car
manufacturers are doing a better job designing
sport utility vehicles to resist rollover accidents,
U.S. safety regulators said Wednesday.
Popular SUVs have earned
increasingly high marks in government rollover tests over the last four years,
the National Highway Traffic Safety Administration said.
The number of SUVs with
a four-star rollover rating out of a possible five stars grew from just one in
2001 to 24 in newly released rollover test results for 2005 model year vehicles,
the safety administration said.
Rollovers represent only
a small fraction of crashes on U.S. roads but a quarter of all traffic deaths.
The safety administration has projected that 10,296 Americans were killed in
rollover accidents in 2004. Of those, 2,821 were in SUVs, an increase of nearly
7% over the previous year, according to the agency.
Runge attributed much
of the improved scores to the recent introduction of crossover vehicles, which
are styled more like station wagons and tend to have lower centers of gravity.
But Runge said it would
take years before the improved ratings translate into fewer deaths because it
takes about 25 years for the U.S. fleet to turn over. |
| |
| June 17, 2005 |
Atlanta
Journal-Constitution, "Singer's
mom sues SUV maker" |
The
mother of the late hip-hop music star Lisa "Left
Eye" Lopes is suing an automaker alleging
it ignored warnings that its SUV was prone to
roll over.
Lopes, a rapper in the
Grammy Award-winning Atlanta trio TLC, died in a one-car crash in 2002 while
driving a red 2001 Mitsubishi Montero she rented while vacationing in Honduras.
The lawsuit against
the Japanese company and its North America subsidiary claims Lopes was driving
at a normal speed when she swerved to miss a car stopped in front of her, causing
her SUV to flip.
Savannah attorney Jeff
Harris, who is representing the singer's mother, Wanda Lopes-Colemon, plans to
use a study on vehicle rollovers to bolster his argument that Mitsubishi should
have warned consumers about the potentially fatal design flaw.
Consumer Reports gave
the 2001 Mitsubishi Montero Limited a "not acceptable" safety rating
after testing the model and six other SUVs using sharp turns to simulate what
it calls real-world emergencies. Only the Mitsubishi appeared prone to rollovers,
the study claims.
Lopes was in Honduras
with an entourage of about 12, including members of Egypt, a fledging female
hip-hop group based in Philadelphia. They were filming the vacation to possibly
use as part of a video. |
| |
| May 17, 2005 |
Associated
Press, "Toyota Recalling 750,000
Truck, SUVs" |
Toyota
Motor Corp., in one of its largest safety recalls
ever, said Tuesday it is recalling more than
750,000 pickup trucks and sport utility vehicles
because of problems with the front suspension
that could hinder steering.
The company said
the recall covers 774,856 vehicles in the United States, including the 2001-2004
model years of the Tacoma, the 2001-2002 versions of the 4Runner and the 2002-2004
model years of the Tundra and Sequoia.
Toyota said the surface
of a ball joint which connects to the front suspension may have been scratched
when it was manufactured, which could lead to wear and tear over time. Any excessive
wear or looseness in the joint could force drivers to exert more effort when
steering, allow the vehicle to drift and increase the amount of noise from the
suspension.
Ming-Jou Chen, a
Toyota spokeswoman, said the company had confirmed six cases in which the condition
existed in the suspension. There have been no injuries associated with the problems.
Toyota said it planned
to conduct a similar recall of the affected vehicles in Canada, Japan, Australia
and other countries, but did not immediately have the number of vehicles that
would be covered outside the U.S.
Chen said it was
one of the largest recalls in company history. |
| |
| May 15, 2005 |
The
Mountain Press, "Family remains
hospitalized after Wyoming accident" |
A
Seymour couple and their oldest son remain hospitalized
here more than a week after the family survived
a single-vehicle accident just outside Buffalo,
Wyoming.
At about 2 p.m. on
May 5, on the way from Smithers, British Columbia, to Colorado Springs to host
a conference for their New Heart Expressions ministry, Ron Browning swerved the
family's 15-passenger van into the median when an antelope jumped into the road,
causing the van to flip and throwing some family members from the car.
Everyone was wearing
seat belts but police reported the force of the accident broke some of the belts.
Three of the children
were treated and released the same day without injury. Ron Browning, however,
is in a coma, and his wife remains in the hospital after having had surgery for
a shattered pelvis.
Another son, Bruce,
12, was in a coma but is now awake and responding to commands. He had a compound
fracture in his leg. The family's oldest daughter is out of the hospital but
wearing a back brace for several broken vertebrae. Seven-month-old Kimber had
a collapsed lung, which was reinflated, and she is now out of the hospital, said
Apperson.
The family is not
entirely medically insured and expects to spend at least six more months in Wyoming,
he said. |
| |
| March 31, 2005 |
The
New York Times, "Lawsuit Documents
and a Study Raise Questions on the Safety
of Ford Explorer Roofs" |
A
new study and documents from a recent lawsuit
against the Ford Motor Company raise fresh questions
about the safety of roofs on Ford Explorers.
The consumer advocacy group Public Citizen released
a study on Wednesday that accuses Ford of ignoring
evidence that stronger roofs would lead to fewer
injuries.
Also on Wednesday,
a plaintiffs' lawyer in several prominent rollover lawsuits said he had obtained
internal Ford documents that show that several years ago the company rebuffed
assertions from its Volvo subsidiary that stronger vehicle roofs prevent injuries
and deaths in rollover accidents. In 1999, Ford purchased Volvo, the Swedish
automaker known for producing some of the safest vehicles on the road. In addition,
documents connected with a trial this year involving Ford show that the automaker
decided not to strengthen roof supports on the Explorer, a sport utility vehicle,
although engineers at the company recommended the change.
The new study, which
was written by Martha Bidez, a biomedical engineering professor at the University
of Alabama, takes issue with that assertion. "Stated in the simplest terms,
roof crush can and does cause catastrophic injury and death," the study
states. "The science is irrefutable." The study re-examined Ford's
own rollover crash data from 1998 and 1999 and concluded that the most catastrophic
neck injuries occurred when the Explorer's roof caved in and smashed into the
crash dummy's head. It further found that in test cases where the Explorer's
roof was not crushed, no serious injuries were recorded in the dummies.
The study criticizes
the auto industry's commitment to safety, noting at one point that while car
companies have said roof strength has nothing to do with injuries in rollovers "they
routinely add roll bars to their test vehicles to ensure that roofs don't crush
test drivers in the event of a rollover accident." Consumer groups, which
have long lobbied for tougher rollover standards, say that roof collapse is the
leading cause of death in rollovers. |
| |
| March 31, 2005 |
Reuters, "Hyundai,
Kia, recall 30,000 SUVs in U.S.; Problem with
anti-rollover devices cited" |
Hyundai
Motor Co. Ltd. and Kia Motors Corp. are recalling
more than 38,000 sport utility vehicles on the
U.S. market because of a problem with their electronic
stability program, or anti-rollover devices,
federal safety regulators said Thursday.
The National Highway Traffic
Safety Administration said vehicles from the Korean automakers affected by the
recalls included 30,558 Hyundai Tucson and 7,619 Kia Sportage SUVs. Both are
from the 2005 model year.
The problem with the electronic
stability program may cause the engine on the SUVs to reduce power automatically,
and it could also cause a brake on one of the wheels to be applied without brake
pedal activation by the driver, NHTSA said in an advisory on its Web site, the
agency said.
"Brake application
caused by inadvertent ESP activation may result in a crash," the agency
said. |
| |
| March 19, 2005 |
Times-Union (Jacksonville), "Defects
in Explorer blamed for fatal crash; $10.2 million
awarded" |
A
Jacksonville jury returned a $10.2 million verdict
against Ford Motor Co. Friday, finding defects
in its Explorer's roof and seat belt systems.
After the four-week trial, the jury said the
death of a Jacksonville woman could have been
prevented if the roof had not collapsed. The
plaintiff's attorneys are calling the verdict
the first in the nation finding fault with the
popular SUV's roof.
Clair S. Duncan was traveling
on Interstate 95 in Virginia to watch her brother graduate from the Naval Academy
in Annapolis, Md., when the 2000 Explorer she was driving swerved to miss a Winnebago.
The Explorer then tipped and rolled five times, with the roof collapsing, killing
Duncan.
Her husband and sister
had minor orthopedic injuries, the Duncan family's lawyer said. All were wearing
their seat belts.
At trial, the jury was
presented internal Ford documents showing Explorer had the weakest roof of any
SUV and that the company's engineers had recommended that its roof be strengthened.
Counsel for Duncan stated he hopes the verdict will push Ford to make stronger
roofs for the Explorer and made a seat belt system that better holds passengers
in place. |
| |
| March 15, 2005 |
Reuters, "GM's
Blazer Ranked Deadliest Car on U.S. Roadways" |
The
two-door Chevrolet Blazer from General Motors
Corp. has the highest driver death rate of any
passenger vehicle on U.S. roadways, a research
group with links to the insurance industry said
on Tuesday.
The Insurance Institute
for Highway Safety (news - web sites) based that conclusion, and its embarrassing
result for the world's largest automaker, on an extensive study of passenger
vehicles from the 1999-2002 model years.
The study focused on the
rate of driver deaths in various types of crashes, including both single- and
multiple-vehicle accidents.
The overall driver death
rate, for 199 models studied during the 2000-2003 calendar years, was 87 per
million registered vehicles annually, the Insurance Institute said.
Weighing in at more than
three times the overall rate, the Insurance Institute said the two-door, two-wheel-drive
Blazer -- a midsize sport utility vehicle -- had an average of 308 driver deaths
per million.
The Blazer also had the
highest rate of driver deaths in rollover accidents at 251 per million. |
| |
| March 15, 2005 |
New
York Times, "Is the Car Unsafe,
or the Driver?" |
One
way of reading the new report by the Insurance
Institute for Highway Safety is that the Mercedes
E-Class sedan has the safest design of any car
or truck and the two-door Chevrolet Blazer the
worst. Another way to read the report, to be
released Tuesday, is that E-Class drivers tend
to drive more carefully than Blazer drivers.
The report, which
analyzed the driver death rates of 199 vehicle models, gave an uncommon level
of specificity for a crash study. The study found that in almost every vehicle
class "the death rate for the worst vehicle was at least twice as high as
the rate for the best." For instance, among midsize SUV's with four-wheel
drive, the Toyota 4Runner had 12 deaths per million registered vehicles annually,
compared with 134 for the two-door Ford Explorer.
The two-door Chevy
Blazer had 308 deaths per million registered vehicles annually, the most of any
vehicle in the study. "The two-door Blazer is an old design, so it doesn't
have the latest crashworthiness features built into it," said Adrian Lund,
the chief operating officer of the Insurance Institute for Highway Safety. Further,
two-door SUV's tend to be less stable than four-door versions. On the other hand, "two-wheel-drive
SUV's are cheaper vehicles and they tend to get driven by younger males." Young
males are the highest risk group of drivers, Mr. Lund said.
But the Blazer -
not to be confused with the more recently designed Chevrolet Trailblazer - has
also not performed well on crash tests, where driver behavior is not a factor.
The SUV received the lowest of four ratings in the institute's frontal crash
test and only one out of five stars from the National Highway Traffic Safety
Administration in its most recent rollover test.
Pound for pound,
cars are safer than SUV's because SUV's ride higher off the ground and have a
greater tendency to roll over than cars. Rollovers are particularly deadly, leading
to one of every three deaths in motor vehicle crashes. Large cars, and particularly
luxury cars, have lower than average fatality rates.
Smaller cars and
smaller SUV's tend to have higher fatality rates than medium-size and large models.
Large SUV's tend to perform well because of their girth, though other studies
have shown that that also makes them particularly lethal to the occupants of
vehicles they strike. The Ford Excursion, one of the largest SUV's made, had
107 driver deaths per million registered vehicles annually, significantly above
average. |
| |
| March 2 , 2005 |
San
Antonio Express News, "Zavala jurors
hit Ford for $28 million" |
A
Zavala County, Texas jury took less than six
hours Tuesday to slap Ford Motor Co. with a $28
million verdict, finding the manufacturer 90
percent responsible for the deaths of two young
people in a rollover wreck in May 2003. The jury
ordered Ford to pay the families of the victims,
and awarded another $3 million in damages against
a second defendant, Saul Guerrero Jr., who was
driving the 2000 Explorer and was deemed 10 percent
responsible. The award, approved by 10 of the
11 jurors, came despite evidence indicating Guerrero
had been drinking before the accident and was
driving at an unsafe speed. In addition, none
of the four occupants was wearing a seat belt.
Plaintiff's lawyers had
asked for up to $100 million in damages, arguing most of the blame lay with the
automaker for continuing to use tempered side
glass despite learning more than 30 years ago that laminated glass reduced
the risk of passengers being ejected in a wreck.
The entire panel agreed that
Ford should have begun using a safer glass in its side windows years ago. Thrown
from the vehicle and killed were Corina Garcia and Diana Alicia Alonzo, both
19. Passenger Arturo Guerrero, 18, and driver Saul Guerrero Jr., 19, were also
ejected but not seriously hurt. |
| |
| January 28, 2005 |
San
Francisco Chronicle, "Ford recalls
nearly 800,000 pickups and SUVs because of
fire risk" |
Ford
Motor Co. is recalling nearly 800,000 pickups
and sport utility vehicles because the cruise
control switch could short circuit and cause
a fire under the hood, the automaker said. In
an interview Friday from Deltona, Fla., broadcast
on NBC's "Today" show, F-150 owner
Bob Garcia described how flames engulfed his
truck at his home while the ignition was turned
off. The intense fire also damaged his garage.
"It caught on
fire inside the garage all by itself," Garcia said. "No key in it." During
the interview, NBC showed a videotape dated last month that showed the damage
from the blaze. Ford will notify owners of the recall in February, and dealers
will deactivate the cruise control switch for free. Once the company has an adequate
supply of replacement switches, it will send another letter notifying owners
that they can get their switches replaced. Ford said cruise control will be disabled
once the switch is deactivated. |
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| About Lieff Cabraser:
Drivers and passengers injured in auto crashes and pickup truck and SUV rollover
accidents, or families of loved ones who died, may be eligible to file lawsuits
against other drivers at fault or against the manufacturer of their vehicle if
the accident was due to a safety defect. Safety defects can include a high risk
of rolling
over, tire tread
separation, seat
belt failures and other defects. Learn
more... |
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