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)
Defendant
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
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