Ford Pleads Poverty

[jasik]

LINK

Ford Motor Co. may have been spared a monster punitive damages verdict in an SUV rollover case because its lawyer was allowed to tell jurors about the carmaker's dire financial straits and mass layoffs. Ford spokeswoman Kristen Kinley said the company plans to appeal the verdict.

[sim]

Lets see, although there might be some responsibility due to Ford with the sticky gas pedal i think there is a ton on her side - lack of seatbelt use, speeding (83mph), not having any accident avoidance ability (turning abruptly when going fast/accelerating - also a notice is posted in the vehicle to this effect). I also think pain and suffering claims are a crock too, sure the medical and loss of wages should be shared according to the blame ratio, but P&S is way over the top like many other ambulance chasing cases like this.

 

Ford's defense really isnt that great with the CEO getting a huge bonus while all these layoffs etc are going on.

 

My old Nissan had a sticky gas pedal too, i had the throttle assembly cleaned at least 6 times as the gas had formed a taffy like varnish which made the throttle assembly stick - only cost $20 each time. That usually kept it good for about 6 months or so before it started sticking again. There wasnt a recall about that! Each time i could feel resistance when i tried to press the pedal, i then gave it a little more pressure, it started moving and then i released the pressure and we were back to driving normally. Whilst not the same as the pedal sticking at 80+mph, it could have been a hazard, however i got it dealt with each time rather than not deal with it and let it cause an accident - oh is that personal responsibility, something lacking in today's society?? Well it was a crappy car too, but everyone makes one mistake!

Edited April 19, 2007 by sim

[NickF1011]

Sticky gas pedal or not, your brakes are going to overpower any amount of throttle you're applying, especially in an Explorer. Why can't stupid drivers hire stupid lawyers too?

[Nick986]

She doesn't earn a dime in my opinion. Sounds like she's a complete idiot. Turning the wheel @ WOT at highway speeds? Then they blame it on tipping? Maybe she had an exhaust leak...she seems to have lost a majority of her brain cells. If you give it a lota gas, the car is going to lurch forward (that's acceleration last I checked?). If the throttle is stuck open, turn the engine off (just a twist of the key)...much easier than rolling your car over.

[Deanh]

She doesn't earn a dime in my opinion. Sounds like she's a complete idiot. Turning the wheel @ WOT at highway speeds? Then they blame it on tipping? Maybe she had an exhaust leak...she seems to have lost a majority of her brain cells. If you give it a lota gas, the car is going to lurch forward (that's acceleration last I checked?). If the throttle is stuck open, turn the engine off (just a twist of the key)...much easier than rolling your car over.

I get tired of this shit...when and how is the driver ever held accountable for their OWN actions...trouble is the damn attourneys are the ones that push, and veiw car manufacturers as easy prey.....I say the loser pays FULLY for the others attourney and court costs, lost wages etc...would stop a LOT of frivilous lawsuits unless they had an airtight case....and who is to say the sticky throttle wasn't caused by a floormat that had been pushed forward?

Edited April 19, 2007 by Deanh

[Mark B. Morrow]

It is an interesting case. Punitive Damages are awarded to punish willful and wanton conduct of a Defendant and to deter future conduct. If there was evidence of knowledge as to a defect and the manufacturer refused to act such an award would be appropriate. Strict Liability is the basis for a products liability case. It holds the manufacturer and any seller strictly responsible for any product that is unsafe for its intended purpose. It does not matter whether the manufacturer was negligent or careless only the product is on trial.

 

While the wealth of a Defendant is relevant to punitive damages, so is its poor financial condition. The fact that the jury found the Plaintiff 28% responsible makes it odd that any punitive damages were awarded. The non-use of seat belts would not usually come into play since it has nothing to do with whether the vehicle was defective. It probably went to the issue of enhanced damages.

 

I would anticipate an appeal on this one.

[RichardJensen]

So, 28% of the cause of the accident & injury was driving at 83 mph, not wearing a seat belt, and over-correction.

 

That means that 72% was Ford's fault?

 

How is this possible? Did Ford line the inside of the cabin with razor blades or something?

 

I don't see how you could possibly conclude that this ............... And of course it was a jury trial. If these things were bench trials, you'd never see such emotional decisions.

[jpd80]

So, 28% of the cause of the accident & injury was driving at 83 mph, not wearing a seat belt, and over-correction.

 

That means that 72% was Ford's fault?

 

How is this possible? Did Ford line the inside of the cabin with razor blades or something?

 

I don't see how you could possibly conclude that this ............... And of course it was a jury trial. If these things were bench trials, you'd never see such emotional decisions.

 

Unfortunately, it's human nature to want someone else to pay when disaster happens.

 

 

The New Zealanders have the right idea, there's no public liability.

All compensation claims are heard by a government compensation board who pay all ongoing medical costs and

a sickness pension until the injured person has recovered.

I believe all registered businesses pay ino a public fund in lieu of any liability.

 

Stops huge claims cold.

Edited April 19, 2007 by jpd80

[96 Pony]

Well, I work in the legal field and am pretty sure that this will get severely reduced on appeal.

 

New Jersey juries are notoriously left-winged when it comes to jury awards. So usually on appeal those awards are greatly reduced.

 

While I am not totally convinced that the design and engineering of that year Explorer is blameless, and that an award should be totally thrown out, what she did in the vehicle that day is really nothing more than negligent driving on her part.

[Mark B. Morrow]

I have been involved in several products liability cases as Plaintiff's counsel. Sometimes punitive damages are warranted. I have seen some pretty cold calculations on the cost of fixing a defect versus the cost of paying out death claims. I did a lot of work on multi-piece truck rims made by Firestone in the '50s -'70s. They kept making the old RH5 rim long after it was known that they were extremely dangerous.

 

Early on the cost of settling the claims was a few thousand dollars. They never recalled them and usually blamed the tire busters eventhough the technology had advanced to single piece rims by the '50s. It became a simple profit analysis. Deaths and brain injuries were reduced to acceptable costs of doing business.

 

I had a similar case with Chrysler minivan door latches. Ford made some of the same cost/benefit calculations with the Pinto as GM did with the early Corvairs by leaving out the swaybar and camber compensator.

 

In the long run it makes it more expensive to do the wrong thing than to do the right thing.

[sim]

How do you recall a speeding driver that doesn't wear their seat belt?

Stop sticks/stingers?

Edited April 20, 2007 by sim

[jpd80]

A little off topic but I thought you guys might be interested in this car crash.

It happened last month in Australia when a 19 year old in a Nissan Pulsar died after trying to overtake 3 cars without noticing an oncoming Falcon utility, both cars were travelling at approximately 60 MPH.

The story is recounted by the Ute Driver, "OSIRIS" a Fordforums.com.au member - LINK

and a link to the Local Paper : http://www.townsvillebulletin.com.a...440_hpnews.html

wisdom

 

For the drivers among us, please take a few moments to read this. this incident nearly claimed my life and i hope that others may learn from it.

 

On thursday march 29 2007, i left home for work the same as any other work day. i got up had a shower, got dressed and kissed my wife on the forehead and looked in on my kids before leaving. just a normal day.

 

On the way to work, i had no idea that i was about to have one of those moments where time just stops, and hangs still for a long time, before starting up again with a crunch.

 

Driving along the highway, one does not expect someone coming the other way to pull out in front of you with no warning. but this is what happened to me. a young guy, at the back of a line of cars, decided that he wanted to be at the front of the line, and pulled out to overtake the 2 or 3 cars in front of him. he didnt look before he pulled out. he just did.

 

We collided at about 100kph each, give or take a few k's so about 200kph impact speed, nearly head on.

 

We were both trapped in our respective cars for a time, until emergency services got there, luckily, i didnt break anything major and they were able to get me out quickly. the other guy was trapped for about 2 hours before he was able to be extricated from what remained of his car.

 

i have no doubt that it was the airbag in my car that saved my life right there. altho the airbag itself did some fairly extensive damage, better that than dead. airbags deploy at a terrific rate of speed, and it is this piece of engineering that can save a life, or take it.

 

Im a 6 foot tall, average built young guy, and what it did to me, probably would have killed a child. in that split second, i broke my nose, a cheek bone, an eye socket, 17 stitches in my face, 2nd degree burns to my arm from the airbag, possible fractures in several vertebra in my lower back, deep bruising across my hips from the seat belt, and dozens of cuts and bruises and grazes from breaking glass and bits of car.

 

Most cars these days have passenger airbags, and these will do the same damage that a drivers will. for those that read this, please take some advice from someone who has experienced this shocking impact. DO NOT ALLOW CHILDREN TO SIT IN THE FRONT SEAT OF A VEHICLE, like the cars manufacturer will tell you.

 

I am quite frankly very lucky to have been able to survive this crash, let alone still be able to walk, talk and do those things we all take for granted every day, like hold my 2 kids and my wife, who is 7 months pregnant, altho i cant do many of the everyday things at the moment.

 

 

For those that read this, please please please, be patient on the roads and ALWAYS LOOK BEFORE YOU ACT because your actions effect not only you, but can also effect those around you, sometimes with shocking outcomes. life is too precious to waste with something so stupid as a car crash because you were in a hurry to pass someone.

 

the guy was 19. he made a bad decision and paid the ultimate price for it. he died on the operating table a few hours later.

 

 

 

WRECK ... crash fatality 19 year old's car lies beside the road

 

this is a link to the article in the local paper the day after.

http://www.townsvillebulletin.com.a...440_hpnews.html

 

please tell others about this post.

 

i want others to get the message, but not to learn it the hard way, like i have had to,

 

THROUGH IMPATIENCE AND STUPIDITY.

 

While this is a terrible accident, it's worthwile noticing that the Falcon driver survived a high speed head on collision. Without seat belts and an air bag he wouldn't be alive today. Notice the factory approved bull bar that you can get with the falcons

Edited April 20, 2007 by jpd80

[armadamaster]

It always amazes me how oblivious people are to SUVs rolling over. Go watch a few episodes of World's Wildest Police Videos to see watch hgih speed and high center of gravity net you and put two and two together.

 

As far as Ford claiming "poverty", so that's the official name for the new CEO's pay rate?

[sim]

While this is a terrible accident, it's worthwile noticing that the Falcon driver survived a high speed head on collision. Without seat belts and an air bag he wouldn't be alive today. Notice the factory approved bull bar that you can get with the falcons

I dont think the other car had the roo-bars (bull bars in US/UK) and there are probably two things you can take from that, it looks like they sliced through the kid's engine and hood, but kept the author's car somewhat rigid - this probably also helped him out along with the seat belts and air bags (without which he would have eaten steering wheel as a last meal!

 

Roo-bars are really required over there as those kangaroos hop onto the road at the most inopportune moments, like when you are going 60+ through the country. Given their size they can cause a lot of damage to cars, even to the point of writing off the car. Even if you were to hit one without roo-bars you would probably be terribly injured or killed as if one is somewhat caught in your windsheild (ie it went over your hood), they kick like hell to get out regardless of who is inside. At least the roo-bars kill them and help avoid flipping them up onto the car. I dont know if we require bull bars on SUV's here as many people dont drive in places where animals are likely to jump out on you (there are some places i know), but the major problem is that they increase pedestrian deaths incredibly, a hit you might receive at 20-30mph you might be able to stumble away from with an ER visit, 40 or so you will likely have a close call with the reaper, but with bull bars you'd be a certain gonner at even lowish speeds.