Rollover victim wins $369M verdict

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Anybody have more info on this case?

I rarely take the side of big business, but I have to wonder about this lawsuit. When people buy SUVs, they do realize that SUVs are more likely than cars to rollover, right?

Lots of SUV accidents happen when people don't drive them properly. They drive too fast, make sharp turns, etc. Then they blame the auto companies.

According to the article, the Ford Explorer meets or exceeds all federal safety standards. I'm sorry this lady is paralyzed, but I'm not sure if Ford is to blame. I just think she had some really bad luck and had a terrible accident.

Rollover victim wins $369M verdict
Ford plans to appeal
Thursday, June 3, 2004 Posted: 9:07 PM EDT (0107 GMT)

SAN DIEGO, California (AP) -- A jury has ordered Ford Motor Co. to pay nearly $369 million to a woman paralyzed in a rollover accident involving a Ford Explorer, the nation's best-selling sport utility vehicle.

The jury Thursday ordered the No. 2 automaker to pay $246 million in punitive damages. It awarded more than $122.6 million in compensatory damages Tuesday.

The award is one of the biggest ever against the automaker and marked the first loss after 11 victories in rollover lawsuits involving the Ford Explorer.

Ford, based in Dearborn, Michigan, has said it will appeal.

The trial involved a January 2002 accident east of San Diego. Driver Benetta Buell-Wilson swerved to avoid a metal object and lost control of her 1997 Explorer, which rolled 41/2 times.

During a news conference after the verdict, Buell-Wilson, a 49-year-old mother of two, offered to knock $100 million off the damage award if Ford would fix the design problems in the Explorer that left her permanently paralyzed from the waist down.

"I'm hoping they'll fix what's out there because I don't want what's happened to me to happen to anyone else," Buell-Wilson said Thursday.

In a statement, Ford insisted the Explorer was safe.

"Although the offer makes a great sound bite, it doesn't change the facts: The Explorer meets or exceeds all Federal safety standards. There is no defect with the Explorer," spokeswoman Kathleen Vokes said.

"The Explorer is an outstanding vehicle with a solid safety record and we will continue to aggressively defend our products."

Ford has sold more than 5 million Explorers since the vehicle was introduced in 1990, she said.

Dennis Schoville, Buell-Wilson's attorney, contended Ford had sacrificed passenger safety for profits. The lawsuit involved design issues found on all Explorers made through 2001, Schoville said.

Schoville said Ford declined to follow its engineers' suggestions to widen the Explorer's wheel track or to lower its center of gravity -- costly changes that would make the vehicle more stable. Concern about costs also kept Ford from sufficiently reinforcing the Explorer's roof to protect passengers in a vehicle "they know is going to roll over," he said.

"This is an important message because there are a lot of people out there that are driving these vehicles that don't have, like Mrs. Wilson, any clue of what could happen," Schoville said.
 

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Are the Federal safety standards too lax? Perhaps.

But if the Ford Explorer meets the Federal safety standards, how can Ford be sued because the Explorer isn't "safe" enough?
icon_confused.gif


If anything, shouldn't the government be sued for setting inadequate standards?

Of course, this isn't anything new. Tobacco and gun companies are also sued for selling legal products.

Anyway, when purchasing an SUV, I think the consumer needs to weigh the risks and rewards. Yes, you'll look cool in your new SUV, and the 4x4 will come in handy that one day of the year when your city actually gets a decent amount of snow. But you are also purchasing a vehicle that is much more likely to rollover than a typical car. If you buy an SUV, you're assuming that rollover risk.

From eek's article:

"There is no doubt that the high center of gravity of virtually all SUVs poses a risk of rollover greater than the typical sedan. Many consumers maneuver SUVs like they are cars, and that can be unwise."
 

"The Real Original Rx. Borat"
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I am off. Wish me luck guys. I should have no problem getting half a billion.
overdrive.jpg
 

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the woman was paralyzed due to ford's flaw. no amount of money is worth being in a wheelchair for the rest of your life.
 

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nice one, Borat....

As far as whether or not Ford is liable for negligence in this case....????

I'm thinking there are other vehicles out there with a narrower wheel base more prone to rollover than this make and model? What precedent will this set if upheld in a court of law.....

....car builders gonna have to make vehicles as wide as a hummer with duallies and road crew gonna have to pour the concrete 8 feet wider?
 

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The real problem here is the amount awarded. It’s true that no amount of money can compensate for the injuries received, but $369 million? Come on, who are you kidding. This is the jury trying to get at big business. There is no way this woman needs anything like this amount. If Ford is at fault then they should be fined by the court and the woman should get something. But, $369 million? All this is doing is paying “Fat Cat” lawyers and it’s the ordinary guy in the street who ends up poorer in the long run.
 

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Will agree Jimmymak, there appears to be no standard for payout.....

.....people wonder why doctors leave certain areas of the country when insurance premiums look to eat them alive....

If someone gets 369 mill for that, then what compensation would one receive for breaking a leg? Surely enough to retire on.
 

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Its probaly 'cos the company has calculated that the max payout for the 'fault' would be no more than $50 million.(for example)
So correcting it was 'not financially viable' if the cost was greater.(say $100 million for recalls etc)

So the $369 big bazoombas is a warning to ALL companies.

Get yer act sorted out, or pay a much higher price than your risk Statisticians calculate.

Gene Hackman did a film about this kind of thing called 'Class Action'
 

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