On Feb. 24, 2005, plaintiff Dax Pierson, 38, a musician, was a passenger in a Ford Econoline E-350 van that hit a patch of black ice and slid off Highway 80 near Atlantic, Iowa. The van slid into a ditch and rolled over 2.5 times. Pierson struck his head on the roof and was rendered a quadriplegic.
Pierson sued Ford Motor Co. for products liability, alleging that the roof was inadequate and that a defective seat-latching mechanism caused his seat to unlatch inadvertently, which caused him to hit his head on the deforming roof during the rollover.
Ford contended that the E-350 roof met or exceeded federal roof-strength standards, and that the roof and the quick-release seat attachment mechanism were designed reasonably. Defense counsel asserted that, if the seat had been unlatched before the crash (as Pierson alleged), it would have been obvious.
Ford argued that the driver, Patrick Scott, was negligent because he was driving too fast for the conditions.
Ford also claimed that Pierson was at risk for the same injury even if the seat had been latched. Ford argued that there was substantial testimonial and circumstantial evidence that the seat was attached throughout the crash sequence.
As a result of his injuries, Pierson sustained urinary tract infections and received a super pubic catheter. He claimed that he will require an intermittent catheter to avoid urinary tract infections.
Pierson claimed that he requires 24-hour care by a licensed vocational nurse.
Pierson worked for a record company and was a keyboardist in a hip-hop band named Subtle, which was touring at the time of the accident. His injuries prevent him from performing with the band.
Pierson sought $711,924 for past medical expenses, $15 million for a life care plan, and approximately $1.3 million for past and future lost earnings.
Ford argued that Pierson did not require 24-care and that unskilled care workers would suffice, rather than a licensed vocational nurse.
The jury found that the van was defective and Ford was 100 percent responsible for Pierson’s injuries. It awarded $18,349,391.
Dax Pierson
$711,924 Personal Injury: Past Medical Cost
$10,780,000 Personal Injury: Future Medical Cost
$126,467 Personal Injury: Past Lost Earnings Capability
$731,000 Personal Injury: FutureLostEarningsCapability
$1,000,000 Personal Injury: Past Pain And Suffering
$5,000,000 Personal Injury: Future Pain And Suffering