Ford needs to start acting responsibly

[RichardJensen]

"rolling resistance (which always points straight down)"

 

Being a vector, wouldn't it point 180° from the direction of motion? The gravity vector would be perpendicular, its value changing if the wheel was rolling on the Moon rather than Earth, when rolling on a horizontal surface.

You're right.

 

I re-researched the problem, and while rolling resistance remains parallel to, and opposite the forward force, the additional force required to overcome gravitational pull occurs because the gravitational force is no longer perpendicular to the direction of travel, which gives the force of gravity a vector component parallel to the direction of travel, and the value of that vector is equal to the sine of the angle of the ascent times the weight of the vehicle.

 

This vector force is added to the vector force of wind resistance and the vector force of rolling resistance, to derive a total amount of opposing force that must be overcome to sustain a forward velocity.

[ebritt]

You're right.

 

I re-researched the problem, and while rolling resistance remains parallel to, and opposite the forward force, the additional force required to overcome gravitational pull occurs because the gravitational force is no longer perpendicular to the direction of travel, which gives the force of gravity a vector component parallel to the direction of travel, and the value of that vector is equal to the sine of the angle of the ascent times the weight of the vehicle.

 

This vector force is added to the vector force of wind resistance and the vector force of rolling resistance, to derive a total amount of opposing force that must be overcome to sustain a forward velocity.

Doesent gravity add to/compound friction in this case?

[RichardJensen]

"Add to" is the best response. The rolling resistance is always there, and wind resistance is there as well (interestingly, rolling resistance decreases with speed, as the air moving over the vehicle generates a certain amount of lift, that takes weight of the wheels.)

 

Once you begin ascending a hill, you not only have to deal with the vehicle's weight as a source of friction (rolling resistance), you have to deal with displacing the weight of the vehicle vertically. You are lifting the vehicle, and the energy required to lift the vehicle 40 feet (say) is the same regardless of whether it's lifted straight up by a crane, or it climbs the 40 feet on a ramp under its own power.

 

How do we know this is true? Because a vehicle dropped from 40' will hit the ground with the same force, regardless of how it got 40' up in the air. Therefore the potential energy 40' off the ground is the same, regardless of how the vehicle gets 40' up in the air, which means, by extension, that the vertical displacement of the vehicle is independent of rolling resistance, wind resistance, or any other factors affecting the movement of the vehicle.

Edited December 25, 2006 by RichardJensen

[Bluecon]

"Add to" is the best response. The rolling resistance is always there, and wind resistance is there as well (interestingly, rolling resistance decreases with speed, as the air moving over the vehicle generates a certain amount of lift, that takes weight of the wheels.)

 

Once you begin ascending a hill, you not only have to deal with the vehicle's weight as a source of friction (rolling resistance), you have to deal with displacing the weight of the vehicle vertically. You are lifting the vehicle, and the energy required to lift the vehicle 40 feet (say) is the same regardless of whether it's lifted straight up by a crane, or it climbs the 40 feet on a ramp under its own power.

 

Displacing the weight of the vehicle vertically? The force of gravity is always acting.against the vehicle when it goes uphill.

 

How do we know this is true? (How do we know you are full of baloney?) Because a vehicle dropped from 40' will hit the ground with the same force, regardless of how it got 40' up in the air. Therefore the potential energy 40' off the ground is the same, regardless of how the vehicle gets 40' up in the air, which means, by extension, that the vertical displacement of the vehicle is independent of rolling resistance, wind resistance, or any other factors affecting the movement of the vehicle.

Who messed up the computer? Was that you fooling around RJ? Push the wrong button?

 

Now we need to do this all over again.

[FordVictim1997]

That cruise actuator has not been used since the 1991 Model year. Those units were used from 1979 to 1991 and this is the first instance I have heard of these units accelrating from a stand still. The cruise system even if turned on will not engage until over 35 or 40 MPH.

The cruse units has been known to engage by themselves and not disengage.

 

I doubt it was the cruise unit. What is more likly is a stuck throttle. The Panthers especially the 79 to 91's are prone to getting the gas pedal jammed up behind the floor mats then holding it open, if you tap the gas pedal to release it think it might be stuck you only jam it open more, But it will usually (not all the time) require the pedal to be pushed to the floor then the mat grabs it. This I know, as I have had it happen to me more than once on every single Panther I have owned.. The earlier factory floor mats tended to skate around abit and the design was just right for grabbing the pedal. (After market rubber mats fixes the problem)

 

The fact that this happend after a lengthy time of the occupants sitting in the car with out it running only reinforces my opinion that this is what likly happend. It can be unerving to a say the least just on the hyway. The first time it happend to me after passing some one on the hyway I shut the car off. After that I knew I just had to reach down and grab the floor mat and pull it back. On a couple occations I have started the car with the engine reving higher than it should due to the mat holding the throttle down. and yes if you tap the throttle the mat just hold the throttle open even more.

 

The early Panthers had marginal brakes to begin with.

On the drum braked Panthers it is very easy to over power the rear brakes. Even at a stand still with the brakes fully applied unless the rear brakes are perfectly adjusted and set (none ever are) you can floor the brakes drop the car in gear mat the go pedal and on a loose surface (gravel snow etc) you will spin the rear tires.

 

The last gen of Panthers were terribly brake proportioned. One of the reasons they were so hard on front brakes. In the 92 I got twice the milage miles out of a set of front brakes over the 85. Unlike in the 85 on the 92 the rear brakes actually do some thing.

If the engine did go full throttle the driver proboly did stand on the brakes and the rear tires still spun. So out of habi they did what do most of us would is do release the brakes and stand on them again. Allowing the car to gain some momentum. Once that happens front tires locked up on a loose surface with the rears driving the car is still going to move. He more than likly then relased the brakes to gain controlability and gained speed and this just snowballed

 

The cruise units on the early cars had glitches (hence the reason the part was changed for 92) But as I said it was not from a standstill situation the vehical had to be in motion first, above the 35-40MPH point.

Matthew

 

That seems to be what most people think Mathew, and certainly what management hopes that they continue to think. Read the following to see that this is not always the case: A. F. Anderson PhD BSc CEng FIEE (2007). Reliability in Electromagnetic Systems : The role of electrical contact resistance in maintaining automobile speed control system integrity. I have attached this file and hope that it works.

CRES2007_0001_paper.pdf

[FordVictim1997]

Please provide the citation for your case. if there was an appeal in either State or Federal Court, I will have access to the decisions on my legal research sites. I will need the name of the case, the court it was filed in and the year. Thank you.

 

Hyat, et.al vs Ford

 

Case was filed in Hidalgo County, TX and went to trial in June 2000 with a verdict returned during the second week of July. We filed an appeal based upon the fact that the one day my doctors allowed me into the courtroom I noticed that one of the jurors was a former student of mine who had full knowledge of what had happened as well as my plans to leave the area as soon as the trial was over. I want to say the appeal was filed in late August or September of 2000, but I cannot recall the exact date. I was notified around the end of November that we lost by default on the appeal since the sitting judge did not bother to respond within the specified time limit.

 

Thanks

 

BTW, if you find yourself involved in other instant acceleration cases, you might find the following a very interesting read: A. F. Anderson PhD BSc CEng FIEE (2007). Reliability in Electromagnetic Systems : The role of electrical contact resistance in maintaining automobile speed control system integrity

CRES2007_0001_paper.pdf

Edited June 11, 2007 by FordVictim1997

[Deanh]

Hyat, et.al vs Ford

 

Case was filed in Hidalgo County, TX and went to trial in June 2000 with a verdict returned during the second week of July. We filed an appeal based upon the fact that the one day my doctors allowed me into the courtroom I noticed that one of the jurors was a former student of mine who had full knowledge of what had happened as well as my plans to leave the area as soon as the trial was over. I want to say the appeal was filed in late August or September of 2000, but I cannot recall the exact date. I was notified around the end of November that we lost by default on the appeal since the sitting judge did not bother to respond within the specified time limit.

 

Thanks

 

BTW, if you find yourself involved in other instant acceleration cases, you might find the following a very interesting read: A. F. Anderson PhD BSc CEng FIEE (2007). Reliability in Electromagnetic Systems : The role of electrical contact resistance in maintaining automobile speed control system integrity

I have read and re-read your initial post... to say the least it is absolutely awful. I am not trying to say it was or wasn't one parties fault but all you make mention of is a faulty cruise control and absolutely NOTHINg to do with the driver of said vehicle...did you for one second think perhaps this was operator error?....or were you advised by attourneys to go after the deep pockets once they had researched that there was a factory "potential" defect on the vehicle? Were you pushed/ nudged into this lawsuit by Lawyers wanting actual restitution knowing full well most cases againgst huge companies are settled out of court to avoid unwanted publicity especially when sympathy is so obviously going to be on your side? Personally if I hear an engine red-lining as you say I would hesitate putting the vehicle into gear knowing the ramifications....floormats move forward sometimes ( see thread on Lexus incidents )...but it seems some people lack common sense and are NEVER accountable for their own actions...great for law firms though. I am not questioning you at all...but why wasn't the driver approached by your attourneys?????????.....that said I feel horrible and hope things get better for you, Cheers.

Edited June 11, 2007 by Deanh

[Deanh]

If that was the case then I would at least be owning some property today. I could have easily taken everything the driver as well as the owners of the poperty where this occured owned. I was asked by Ford's attorney on the witness stand if I wanted the jury to feel sorry for me and give me heaps of money and I honestly responded no, that I would rather see something done to ensure that no one else ever had to go through what I had endured. I would gladly give what little I have left today to see these faulty units taken out of service. I have made an equally simple challenge to Ford, prove to me that an individual can keep his foot on the gas throughout four violent collisions as they allege happened that night. We backed our allegations up with scientific proof, all Ford has ever offered is conjecture. Anyone that has ever known me will be quick to tell you if I had received one penny from Ford it likely would have been given to helping others, just the way I am wired. Is it fair that the American tax payers are footing the medical bills for injuries caused by defective products? I think not but then that is my opinion. Give me the option of having every cent Ford is worth or having my life back and I will gladly pay for the later.

sorry...but heres my take...your so-called Lawyer friends veiwed you as a money ticket...nothing more nothing less...hence they basically shot themselves in the foot when Ford would have settled....they wanted more and were certain they would get it....they did you absolutely NO favors....admire your actions no doubt....but in reality seems to me TOTALLY driver error...and YES he should feel responsible......the attourneys ...well I won't go there for fear of being sued...AHEM!....

[bolita]

I have read and re-read your initial post... to say the least it is absolutely awful. I am not trying to say it was or wasn't one parties fault but all you make mention of is a faulty cruise control and absolutely NOTHINg to do with the driver of said vehicle...did you for one second think perhaps this was operator error?....or were you advised by attourneys to go after the deep pockets once they had researched that there was a factory "potential" defect on the vehicle? Were you pushed/ nudged into this lawsuit by Lawyers wanting actual restitution knowing full well most cases againgst huge companies are settled out of court to avoid unwanted publicity especially when sympathy is so obviously going to be on your side? Personally if I hear an engine red-lining as you say I would hesitate putting the vehicle into gear knowing the ramifications....floormats move forward sometimes ( see thread on Lexus incidents )...but it seems some people lack common sense and are NEVER accountable for their own actions...great for law firms though. I am not questioning you at all...but why wasn't the driver approached by your attourneys?????????.....that said I feel horrible and hope things get better for you, Cheers.

 

I agree with your post. I missed this thread last year.

 

The about 20 years ago I remember watching a wreck right in fornt of me in Miami with a stolen Oldsmobile that after running into a DHL van the car ended up against a building. The driver an co-driver jumped out of the car-staggering - and ran away on foot. Anyway, the car was floored and the tires where spinning. I was stupid enough to try and turn off the ignition while the car was smoking and seemed like it was going to blow up - but I couldn't as the car had been hot wired. The car finally blew the engine and caught fire.

 

I can hardly imagine a transmission take the abuse of engaging if the engine is redline- most likely that tranny would shred through all its gears.

 

I also feel for you, but it seems to me that the driver and only the driver is responsible for what happened to you.

[PaulST]

I saw that it was headed for the rear of our vehicle where my friend was seated with her six-year-old son on her lap and I jumped to throw these two to safety. Yes, I put myself in the danger zone that night but two people were not seriously harmed as a result of my actions.

 

I did notice that the words William C. Ford espoused in his safety commercials this past year were an exact reading of what I had written in one of my letters to him (this without my permission, can you spell plagiarism Billy?) Despite Ford's own engineers proving that such problems do exist with these units, they continue to place profits before people.

 

Despite my deep hatred for Ford, I would not wish what I went through on anyone including the top level executives at Ford. I believe that everything happens for a reason, and perhaps the reason I am still alive today is to bring this out in the open. I do not regret my actions of that night nine years ago, but if I had it to do over again I would have likely requested that I be allowed to just die.

Um... what utter crap. Firstly the part about how you selflessly saved the lives of your friends sounds ridiculous. Just a hint, next time you make up a similar story, say that your friend was pregnant and the child has autism. Adds to the effect... In fact, you should have said that you were driving home from work but you were delayed because you stopped to save children from a burning orphanage.

Oh and Ford used one of your lines in their ads...

 

Forget your shot of clozapine this morning...?

[J-150]

Um... what utter crap. Firstly the part about how you selflessly saved the lives of your friends sounds ridiculous. Just a hint, next time you make up a similar story, say that your friend was pregnant and the child has autism. Adds to the effect... In fact, you should have said that you were driving home from work but you were delayed because you stopped to save children from a burning orphanage.

Oh and Ford used one of your lines in their ads...

 

Forget your shot of clozapine this morning...?

 

 

well said!

[FordVictim1997]

I have read and re-read your initial post... to say the least it is absolutely awful. I am not trying to say it was or wasn't one parties fault but all you make mention of is a faulty cruise control and absolutely NOTHINg to do with the driver of said vehicle...did you for one second think perhaps this was operator error?....or were you advised by attourneys to go after the deep pockets once they had researched that there was a factory "potential" defect on the vehicle? Were you pushed/ nudged into this lawsuit by Lawyers wanting actual restitution knowing full well most cases againgst huge companies are settled out of court to avoid unwanted publicity especially when sympathy is so obviously going to be on your side? Personally if I hear an engine red-lining as you say I would hesitate putting the vehicle into gear knowing the ramifications....floormats move forward sometimes ( see thread on Lexus incidents )...but it seems some people lack common sense and are NEVER accountable for their own actions...great for law firms though. I am not questioning you at all...but why wasn't the driver approached by your attourneys?????????.....that said I feel horrible and hope things get better for you, Cheers.

 

My initial thought was this this was the result of teenagers drinking and showing off, just the way the car lurched forward. Believe me when I say that it did take a while before I would open my mind to any other possibility. Early on I knew very little of what had happened that night; my memories were a bit scattered due to the massive trauma as well as the amount of medication that I was originally placed on. Once the cobwebs began to clear and I was able to focus a bit more clearly on the events that had transpired that night, I soon saw that the level of destruction was a bit on the extreme side, much more than you would expect from a driver error. That is what started me diggin into other possibilities. Yes, it was my attorneys who first suggested the instant acceleration issues, but as a researcher I opted to dig up my own information on the subject. Yes, the driver was at fault, but then he never denied his responsibility; to this date, Ford Motors is the only one that has not owned up to their share of the burden. It is now ten years later, with the American tax payers footing the numerous medical bills that have amounted over that time. If I was after money I wouold have Billy boy in court right now suing him for plagarism; my goal is to show that yes their is a potential defect here and hopefully see that what I went through never happens to anyone ever again. That will only happen when Ford takes ownership of the problem and takes steps to correct it, rather than playing the numbers game.

[FordVictim1997]

sorry...but heres my take...your so-called Lawyer friends veiwed you as a money ticket...nothing more nothing less...hence they basically shot themselves in the foot when Ford would have settled....they wanted more and were certain they would get it....they did you absolutely NO favors....admire your actions no doubt....but in reality seems to me TOTALLY driver error...and YES he should feel responsible......the attourneys ...well I won't go there for fear of being sued...AHEM!....

 

You know, I had the same initial thoughts given my past encounters with the legal profession (Shakespere had the best answer.) Then I saw how much these guys were willing to do to help me out while I was unable to work and support myself; they were going to the extreme of taking money from their personal accounts to make sure I had a roof over my head and that there was food in the house for my son and I. Sure they had every intention of recoupning their generosity later on, but they knew it was a gamble. Had these guys been half as greedy as everyone wants to show them to be, I would have seen not the first penny due to expenses (medical costs primarily.) However, they opted to wait until the end and urged many of the medical offices to do the same just so I would have something to live on for a few months. They knew that going to trial was a huge risk for us, and they left the final decision up to me. They also knew that the settlement offer would not have paid off my bills at the time, let alone provide for future care. We gambled and we lost, but that does not mean I have to stop seeking justice. I would not wish what I have been through on any other living thing, so I will not stop until something positive comes out of this. Call me what you will, most days I hurt far too bad to be concerned with how others view me, not that I really cared before the accident.

[Deanh]

My initial thought was this this was the result of teenagers drinking and showing off, just the way the car lurched forward. Believe me when I say that it did take a while before I would open my mind to any other possibility. Early on I knew very little of what had happened that night; my memories were a bit scattered due to the massive trauma as well as the amount of medication that I was originally placed on. Once the cobwebs began to clear and I was able to focus a bit more clearly on the events that had transpired that night, I soon saw that the level of destruction was a bit on the extreme side, much more than you would expect from a driver error. That is what started me diggin into other possibilities. Yes, it was my attorneys who first suggested the instant acceleration issues, but as a researcher I opted to dig up my own information on the subject. Yes, the driver was at fault, but then he never denied his responsibility; to this date, Ford Motors is the only one that has not owned up to their share of the burden. It is now ten years later, with the American tax payers footing the numerous medical bills that have amounted over that time. If I was after money I wouold have Billy boy in court right now suing him for plagarism; my goal is to show that yes their is a potential defect here and hopefully see that what I went through never happens to anyone ever again. That will only happen when Ford takes ownership of the problem and takes steps to correct it, rather than playing the numbers game.

sorry....but driver error is driver error...NOT the fault of the manufacturer of the vehicle...so why SHOULD they say anything?..I really don't think sudden acceleration from a standing start can be caused by an item used for maintaining speed thru GRADUAL throttle increases/ DECREASES at speeds OVER 30 mph...I am sorry but I am statrting to doubt the whole story as a thesis for a student majoring in fictional literature...if I am wrong I emphatically apologize...but something doesn't jive...and 18 posts screams another "once upon a Time" threader...and researchers are PAID by the attourneys to gather anything NEGATIVE at all to leave reasonable doubt anything to the contrary is round filed...that research is up to the defense to find and bring to attention......ANYTHING negative..even trivialities....ie ..."hey paint peels on that year car...badly enough that it could have caused a distraction to the driver and a nervous throttle foot twitch due to anger issues currently being adressed by therapy with a Doctor that will also testify....blah blah blah..."....you were led on in the hopes THEY would have HUGE payday...damn attourneys prey on others mis-fortunes for tjheior own gains....they even seem to have YOU beleiving their case....this of course is an outsiders point of veiw....I have nothing to gain...right OR wrong.......and from $$$$$ standpoints it seems Auto manufacturers are easy targets.......in trigger happy America it seems at least...this place is litigation happy.........

Edited June 12, 2007 by Deanh

[FordVictim1997]

I agree with your post. I missed this thread last year.

 

The about 20 years ago I remember watching a wreck right in fornt of me in Miami with a stolen Oldsmobile that after running into a DHL van the car ended up against a building. The driver an co-driver jumped out of the car-staggering - and ran away on foot. Anyway, the car was floored and the tires where spinning. I was stupid enough to try and turn off the ignition while the car was smoking and seemed like it was going to blow up - but I couldn't as the car had been hot wired. The car finally blew the engine and caught fire.

 

I can hardly imagine a transmission take the abuse of engaging if the engine is redline- most likely that tranny would shred through all its gears.

 

I also feel for you, but it seems to me that the driver and only the driver is responsible for what happened to you.

 

I have no idea how the car got put into gear that night, keep in mind that the car was a good ways away from me when everything first started to happen. Some have said that the car appeared to jump into gear, while others have speculated that the engine started reving after the driver had shifted into drive, while still others have specualted that he might have shifted into gear thinking that would slow the engine back down. I have seen transmissions fail for no reason while others seem to be able to just keep taking as much punishment as you can dish out to them. I could specualte about the factories the parts being built in and the quality of those employees, and how certain days see shoddy work being passed through, but that would just be my speculation based upon rumors that have grown out of the industry. I posted this in the hopes of finding a few who could add some possibilities to explore, while making the information available to others who might be experiencing similar issues. Being an American does have its upside.

[FordVictim1997]

Um... what utter crap. Firstly the part about how you selflessly saved the lives of your friends sounds ridiculous. Just a hint, next time you make up a similar story, say that your friend was pregnant and the child has autism. Adds to the effect... In fact, you should have said that you were driving home from work but you were delayed because you stopped to save children from a burning orphanage.

Oh and Ford used one of your lines in their ads...

 

Forget your shot of clozapine this morning...?

 

Well I could have said all of that, but I thought I would try telling the truth rather than sink to Ford's level. Let me guess, you must be upper management. I hope that if you ever find yourself and your family in a similar situation that the bystanders do not know your true personaility. Call me crazy, but I would likely have done the same for you and yours even if I did know you prior to the event.

[Deanh]

Well I could have said all of that, but I thought I would try telling the truth rather than sink to Ford's level. Let me guess, you must be upper management. I hope that if you ever find yourself and your family in a similar situation that the bystanders do not know your true personaility. Call me crazy, but I would likely have done the same for you and yours even if I did know you prior to the event.

sorry...but it's getting worse....blaming a POTENTIALLY faulty cruise control, for a car that was STARTED, REVVED, PUT IN GEAR....did I say anything about parking brake, DRIVEN, STEERED and CRASHED by one person.....wreeks of desperation and is in my opinion grasping at straws....now we have you blaming Ford and Ford only, and THAT is becoming more and more evident...last post I think, this doesn't sound legit........either THAt or your representitives have gotten you COMPLETELY brainwashed.......

Edited June 12, 2007 by Deanh

[falconman13]

I have no idea how the car got put into gear that night, keep in mind that the car was a good ways away from me when everything first started to happen. Some have said that the car appeared to jump into gear, while others have speculated that the engine started reving after the driver had shifted into drive, while still others have specualted that he might have shifted into gear thinking that would slow the engine back down. I have seen transmissions fail for no reason while others seem to be able to just keep taking as much punishment as you can dish out to them. I could specualte about the factories the parts being built in and the quality of those employees, and how certain days see shoddy work being passed through, but that would just be my speculation based upon rumors that have grown out of the industry. I posted this in the hopes of finding a few who could add some possibilities to explore, while making the information available to others who might be experiencing similar issues. Being an American does have its upside.

 

You sure seem to willing to "Speculate" on the numerous ways that this "could" have happened. But you are 100% sure this is a manufacturing defect. Sounds unbiased.

Face it, there is absolutely NO WAY this could have happened the way you say and all the facts point to it, That's why you lost.

 

You want Ford to act "responsible" what would you consider responsible, paying you off for such a ridiculous claim?

Why dont you act responsible and just admit this isnt the fault of Ford and was most likely the fault of the driver as the driver admitted.

[Mark B. Morrow]

Hyat, et.al vs Ford

 

Case was filed in Hidalgo County, TX and went to trial in June 2000 with a verdict returned during the second week of July. We filed an appeal based upon the fact that the one day my doctors allowed me into the courtroom I noticed that one of the jurors was a former student of mine who had full knowledge of what had happened as well as my plans to leave the area as soon as the trial was over. I want to say the appeal was filed in late August or September of 2000, but I cannot recall the exact date. I was notified around the end of November that we lost by default on the appeal since the sitting judge did not bother to respond within the specified time limit.

 

Thanks

 

BTW, if you find yourself involved in other instant acceleration cases, you might find the following a very interesting read: A. F. Anderson PhD BSc CEng FIEE (2007). Reliability in Electromagnetic Systems : The role of electrical contact resistance in maintaining automobile speed control system integrity

 

I haven't been able to find any case in the Texas Caselaw search with the name Hyat. I also searched the database for decisions including "Mercury Grand Marquis" in Texas and in the United States District Court with no hits on your case. I did find several cases with the Mercury Grand Marquis but in different situations (one was a getaway car) The only mentions of the cruise control were in cases involving other Ford products which used the same system. One case in South Dakota (Ford Explorer) cited the necessity for simultaneous failure of both the cruise control and braking system in order for the accident to have occurred as the Plaintiff related the event. Apparently NHTSA did do an initial investigation of unintended acceleration claims and denied a request for a recall campaign.

 

I don't doubt that your lawyers may have believed that there was a legitimate claim. Certainly the costs of litigating a products liability case are substantial and it is foolish to invest the money and time in a bad case since neither will be recovered on a loss. I don't buy the part about losing by default on Appeal because the trial Court Judge didn't respond. Appeals don't work that way. I have seen situations where the Trial Judge died before finishing the opinion on appeal and the Plaintiff doesn't lose. A default occurs when the moving party fails to do something he is required to do. If a Judge fails to complete an opinion in a timely manner the Appellate Court orders him to comply or face sanctions. They do not penalize the parties.

 

Based on the original description of the accident it appears that the driver was at fault. I hope you were able to recover something from his insurance or from your own uninsured/underinsured coverage.

[Deanh]

I haven't been able to find any case in the Texas Caselaw search with the name Hyat. I also searched the database for decisions including "Mercury Grand Marquis" in Texas and in the United States District Court with no hits on your case. I did find several cases with the Mercury Grand Marquis but in different situations (one was a getaway car) The only mentions of the cruise control were in cases involving other Ford products which used the same system. One case in South Dakota (Ford Explorer) cited the necessity for simultaneous failure of both the cruise control and braking system in order for the accident to have occurred as the Plaintiff related the event. Apparently NHTSA did do an initial investigation of unintended acceleration claims and denied a request for a recall campaign.

 

I don't doubt that your lawyers may have believed that there was a legitimate claim. Certainly the costs of litigating a products liability case are substantial and it is foolish to invest the money and time in a bad case since neither will be recovered on a loss. I don't buy the part about losing by default on Appeal because the trial Court Judge didn't respond. Appeals don't work that way. I have seen situations where the Trial Judge died before finishing the opinion on appeal and the Plaintiff doesn't lose. A default occurs when the moving party fails to do something he is required to do. If a Judge fails to complete an opinion in a timely manner the Appellate Court orders him to comply or face sanctions. They do not penalize the parties.

 

Based on the original description of the accident it appears that the driver was at fault. I hope you were able to recover something from his insurance or from your own uninsured/underinsured coverage.

Thankyou mark.......and another Troll bites the dust....if I'm wrong I am going to hell..........but at least it will smell better than this story and the barbeques rock.........

[FordVictim1997]

I haven't been able to find any case in the Texas Caselaw search with the name Hyat. I also searched the database for decisions including "Mercury Grand Marquis" in Texas and in the United States District Court with no hits on your case. I did find several cases with the Mercury Grand Marquis but in different situations (one was a getaway car) The only mentions of the cruise control were in cases involving other Ford products which used the same system. One case in South Dakota (Ford Explorer) cited the necessity for simultaneous failure of both the cruise control and braking system in order for the accident to have occurred as the Plaintiff related the event. Apparently NHTSA did do an initial investigation of unintended acceleration claims and denied a request for a recall campaign.

 

I don't doubt that your lawyers may have believed that there was a legitimate claim. Certainly the costs of litigating a products liability case are substantial and it is foolish to invest the money and time in a bad case since neither will be recovered on a loss. I don't buy the part about losing by default on Appeal because the trial Court Judge didn't respond. Appeals don't work that way. I have seen situations where the Trial Judge died before finishing the opinion on appeal and the Plaintiff doesn't lose. A default occurs when the moving party fails to do something he is required to do. If a Judge fails to complete an opinion in a timely manner the Appellate Court orders him to comply or face sanctions. They do not penalize the parties.

 

Based on the original description of the accident it appears that the driver was at fault. I hope you were able to recover something from his insurance or from your own uninsured/underinsured coverage.

 

Should have been two T's in Hyatt, but it seems like a good DB would have corrected for that. The accident occured at approximately 2am on 31 August 1997 in McAllen, TX, but I never saw anything reported about it.

 

I would have thought the same regarding the judge, but that is what I was told and the state's attorney I spoke to later confirmed it. The judge was going out of office so had he approved the appeal it would have been heard by someone else.

 

The driver's insurance paid, just as did my own and the property owner's. The only party that has totally denied any role in it has been Ford.

[kyle]

Thankyou mark.......and another Troll bites the dust....if I'm wrong I am going to hell..........but at least it will smell better than this story and the barbeques rock.........

 

 

you are going to hell.....this guy is anything but a troll. he is pissed off and felt victimless, system has let him down and he turns here. give the guy some credit-who would make up a story about this?

[Deanh]

you are going to hell.....this guy is anything but a troll. he is pissed off and felt victimless, system has let him down and he turns here. give the guy some credit-who would make up a story about this?

Jesus Christ...theres some blasphemy for you as well...beleive what you want to beleive... I have my doubts.....and if you read the whole and ALL of the thread you may understand....this thread died MONTHS ago...and here it up and starts up again....ENOUGH....and before I do go to hell...you BITE ME! this wreeks of a sympathy hound of which there have been several on different threads.......a judicial decision was made, end of story, it didn't go someones way and now this........funny how he disappeared for a month or two...and now hes back oh gullible one....see you at the barbeque.

Edited August 8, 2007 by Deanh

[kyle]

Jesus Christ...theres some blasphemy for you as well...beleive what you want to beleive... I have my doubts.....and if you read the whole and ALL of the thread you may understand....this thread died MONTHS ago...and here it up and starts up again....ENOUGH....and before I do go to hell...you BITE ME! this wreeks of a sympathy hound of which there have been several on different threads.......a judicial decision was made, end of story, it didn't go someones way and now this........funny how he disappeared for a month or two...and now hes back oh gullible one....see you at the barbeque.

 

 

yah I was as suprised as you to see it pop up after sometime...must have something to do with the 3.6 million vehicles just recalled. You can't have it both ways...either you don't believe him-call him a troll and bitch and moan or you say the judicial decision was made. Not both. I will take the latter version like I said...you can go to hell...I don't believe in all that bullshit anyways....

[Deanh]

yah I was as suprised as you to see it pop up after sometime...must have something to do with the 3.6 million vehicles just recalled. You can't have it both ways...either you don't believe him-call him a troll and bitch and moan or you say the judicial decision was made. Not both. I will take the latter version like I said...you can go to hell...I don't believe in all that bullshit anyways....

neither do I or this "story" it is SO over the top as to not be missed by CNN, yet no-one can pull up proof...nuff said? Heroes are newsworthy....read my posts, my take is fabrication.....and Kyle...look the gentlemans posts up, he has been called out every single time..... that said...even the slightest amount of truth draws my sympathy....HOWEVER to go after the deep pockets and not the someone responsible for their own actions draws my ire.....no bitching and moaning at all...just call it as i see it....

Edited August 8, 2007 by Deanh