On July 29, 2000, plaintiff’s decedent Christopher Robinson, 15, and plaintiff Natheena Mumford, 17, were passengers in a 1998 Ford Explorer when the driver fell asleep and drifted off Interstate 75 near Bushnell. The driver suddenly woke up and pulled the truck back onto the road where it rolled over 5.25 times. Christopher died 11 hours later. Natheena sustained multiple fractures.
Robinson’s estate represented by his father, Gary J. Robinson, and Natheena sued Ford Motor Co. for products liability, claiming design defects resulted in the rollover and reduced crashworthiness of the vehicle.
David Renfroe, the plaintiffs’ engineering expert contended that the width of the track of the vehicle was too narrow and the height of the vehicle was too high, thus causing a propensity for the vehicle to roll. The vehicle’s inboard shocks-as opposed to using outboard shocks-caused it to “skate” or skid, thus causing a loss of control. Mickey Gilbert, the plaintiff’s other expert in engineering said that the placement of shocks reduces the skate phenomenon.
The plaintiff’s crashworthiness expert said that the side windows should have been laminated as opposed to tempered, and reinforced framing should have been used. These measures would have lessened the severity of the crash.
Defense counsel contended that the SUV doesn’t have a rollover propensity. The defense’s engineering expert stated that factory testing demonstrated that the Ford Explorer didn’t roll over more then other similar vehicles. The placement of the shocks had nothing to do with the vehicle “skating,” rather it was the force of the accident that caused the “skating”.
Defense counsel argued that the selection of the glass was in compliance with applicable federal motor safety standards. Defense counsel pointed to a 2001 federal study which stated that there is an increased likelihood of injuries with laminated glass.
Christopher died in the hospital 11 hours after the accident. Mumford suffered multiple orthopedic injuries including a fractured back, a fractured pelvis, a fractured collar bone, a fractured wrist and fractured ribs. Her spleen was removed. She had multiple surgeries including hardware implantation. She has since made a good recovery.
No expert medical testimony was presented at trial. Plaintiffs’ counsel asked for at least $30 million at trial.
The jury found that Ford did not negligently place a vehicle on the market with a design defect.
Plaintiffs’ counsel is seeking a new trial. Defense counsel is seeking costs and fees.