Ford SUV’s Roof And Seat Belts Blamed For Fatal Rollover Crash
On July 1, 2000, plaintiff’s decedent Steven Motelson, 60, was driving on the southbound side of Route 17, in Goshen. Motelson’s son, Gary Motelson, 36, was a front-seat passenger. Gary Motelson’s sons, plaintiffs Brian Motelson, 9, and Evan Motelson, 5, were rear-seat passengers. Another boy also occupied the rear seat. Steven Motelson lost control of his vehicle, and the 1998 Ford Explorer sport utility vehicle repeatedly flipped. Steven Motelson, Brian, Evan and the other boy were ejected. Stephen Motelson and Brian sustained fatal injuries. Gary Motelson and Evan sustained minor injuries. Police officers investigated the crash and determined that it was a product of Steven Motelson’s inattentiveness.
Gary Motelson, acting individually and as administrator of Brian’s estate, and Gary Motelson and his wife, Elissa Motelson, acting individually and as Evan’s parents and natural guardians, sued the SUV’s manufacturer, Ford Motor Co.; the manufacturers of the SUV’s tires, Bridgestone/Firestone Inc. and The Firestone Tire & Rubber Co.; the SUV’s lessor and owner, Ford Motor Credit Co.; and two companies that were alleged to have serviced the vehicle, Bell Motors Inc. and Quick Lube & More Inc. The plaintiffs alleged that Ford Motor was negligent in its design, inspection and testing of the vehicle, that Ford Motor Credit was strictly liable for Ford Motor’s negligence. that Bridgestone/Firestone and Firestone Tire & Rubber were negligent in their design of the vehicle’s tires, and that Bell Motors and Quick Lube & More were negligent in their inspection and maintenance of the vehicle.
In a separate action, Steven Motelson’s brother, Michael Motelson, acting as administrator of Michael Motelson’s estate, sued Ford Motor, Bridgestone/Firestone, Firestone Tire & Rubber, Ford Motor Credit, Bell Motors and Quick Lube & More. The estate alleged that the vehicle was defectively designed, inspected, maintained, serviced and tested.
The cases were consolidated, but the plaintiffs ultimately discontinued their claims against Bridgestone/Firestone, Firestone Tire & Rubber, Bell Motors and Quick Lube & More. Thus, the matter proceeded to a trial against Ford Motor and Ford Motor Credit.
Gary Motelson claimed that the crash was a product of spontaneously acceleration of the SUV, but the vehicle’s other surviving occupants claimed that they could not recall the events that immediately preceded the crash. Plaintiffs’ counsel contended that the event was a product of a jam of the vehicle’s speed-control cable. They argued that the cable was not properly designed.
Plaintiffs’ counsel also claimed that the vehicle’s first roll shredded a portion of the vehicle’s roof. They contended that Steven Motelson’s head was exposed and injured. They claimed that the roof’s failure was a product of Ford Motor having shortened a supporting rod that was located in the vehicle’s front left door. They contended that an unshortened rod would have maintained the roof’s structure. They argued that Ford Motor failed to properly design, inspect and test the vehicle’s roof-support system.
Plaintiffs’ counsel further claimed that the plaintiffs’ injuries were also caused by failure of the vehicle’s rear and driver-seat seat belts. They contended that Ford Motor was aware that the seat belts were defective, but that it did not address the defect.
Defense counsel contended that the crash was a product of Steven Motelson’s negligence. He claimed that Motelson became distracted, that the vehicle drifted off of the road, and that Motelson overreacted and performed a maneuver that flipped the vehicle.
Defense counsel also contended that forensic tests established that the vehicle’s speed-control cable did not fail or become jammed. Thus, he claimed that the vehicle could not have spontaneously accelerated. He presented two witnesses who claimed that they observed the accident. The witnesses agreed that the vehicle did not accelerate during the moments that preceded the crash.
Defense counsel further contended that forensic tests established that the vehicle’s rear-seat passengers were not wearing seat belts. He claimed that the vehicle’s construction satisfied and/or exceeded federal standards.
Brian sustained fatal injuries. He died July 2, 2000, at age 9. He was survived by his parents and a brother. Brian’s estate sought recovery of wrongful-death damages that included damages for Brian’s conscious pain and suffering. Brian’s parents presented derivative claims.
Evan sustained minor injuries. He was transported to a hospital’s emergency room, and he underwent minor treatment. However, Evan’s parents claimed that the boy suffers residual emotional distress that necessitates psychiatric treatment. They sought recovery of damages for Evan’s past and future pain and suffering.
Steve Motelson sustained fatal injuries of his head. He died July 1, 2000, at age 60. He was survived by his wife and an adult son. His estate sought recovery of wrongful-death damages that included economic and compensatory damages.
The jury rendered a mixed verdict. It found that the vehicle’s roof-support system was defective and that the defect caused Steven Motelson’s death. Motelson was not assigned comparative negligence. The jury also found that the vehicle’s seat belts and speed-control cable were not defective. Thus, it concluded that the defendants were not liable for the injuries of the remaining passengers.
The jury found that Steven Motelson’s estate was entitled to damages of $6.5 million.
Estate of Steven Motelson
$5,000,000 Wrongful Death: economic damages
$1,500,000 Wrongful Death: wrongful death
Defense counsel contended that the damages awards were excessive. He noted that the jury did not determine that the crash was a product of a defect or the driver’s negligence. Thus, he claimed that the verdict was inconsistent. He has expressed an intention to file a motion to reduce the damages awards, a motion to set aside the verdict and a motion to set aside the jury’s finding that the vehicle’s roof-support system was defective.