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Personal Injury
Strict Liability

Lupi Edwards, individually and as decedent Fiailoa Saupo Edwards' successor-in-interest; Ruby Sera Aunei, a minor, by Lupi Edwards, her Guardian ad Litem v. Ford Motor Company Inc., and Does 1 through 200, inclusive

Published: Apr. 11, 2015 | Result Date: Mar. 5, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-10994-PA-AGR Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Brian D. Chase
(Bisnar Chase LLP)

Richard G. Barone


Defendant

Jay J. Schuttert

Jonathan R. Murphy

Daniel S. Rodman
(Snell & Wilmer LLP)


Experts

Plaintiff

Brian Herbst
(technical)

Joseph L. Burton
(medical)

Steven Brockmeyer
(technical)

Peter Formuzis Ph.D.
(technical)

Defendant

Jeffrey J. Croteau
(technical)

Michael Leight
(technical)

Robert L. Piziali
(technical)

Stephen J. Fenton P.E.
(technical)

Eddie Cooper
(technical)

Facts

On June 12, 2011, decedent Fiailoa Edwards, 55, was involved in rollover accident in a 2002 Ford Explorer Sport Trac truck on the southbound Interstate 5 freeway in Fresno. Edwards failed to slow for stopped traffic ahead of him, and swerved his truck off of the right side of the freeway, where it overturned 3.75 times. During the rollover, Edwards' head extended out the open driver's side window next to him and struck the ground, resulting in his death.

His wife and dependent niece sued Ford alleging defects in the Sport Trac truck.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the roof of the 2002 Ford Explorer Sport Trac was defective because it was not strong enough and it deformed during the accident, causing Edwards' death. Plaintiffs also claimed that Edwards asphyxiated and died when the truck came to rest on his chest. Finally, plaintiffs claimed that Ford should have equipped the Sport Trac with a roll activated side curtain airbag, which they contend would have prevented Edwards' partial ejection and death.

DEFENDANT'S CONTENTIONS:
Ford contended that the roof of the Sport Trac was safe and well designed and exceeded all government roof strength standards. Ford also contended that the strength of the roof was irrelevant since Edwards' head extended out the open window next to him and struck the ground, and that strengthening the roof would not have prevented this. Ford also contended that the roll-activated side curtain airbag system was not ready for production at the time when Edwards' truck was built.

Specials in Evidence

$122,000 $573,000

Damages

Plaintiffs claimed approximately $7.85 million in economic and non-economic damages.

Result

Unanimous defense verdict.

Other Information

FILING DATE: Sept. 21, 2012.

Deliberation

1.5 hours

Poll

8-0

Length

seven days


#118863

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