Submit your claim details for a free, no obligation case review
Get Started:
A San Diego County jury awarded $369 million to a woman left paralyzed when her Ford Explorer rolled over, marking one of the largest personal-injury awards ever against an automaker.
Benetta Buell-Wilson was awarded $246 million in punitive damages, in addition to the more than $122 million compensatory damages she and her husband are to receive from Ford. The verdict marks Ford''s first loss in 12 rollover lawsuits concerning the Ford Explorer, the nation''s best-selling SUV. The automaker plans to appeal.
The trial involved a January 2002 accident on an interstate highway near San Diego. Buell-Wilson swerved to avoid a metal object in the road and lost control of her 1997 Explorer, which rolled 4 ½ times, leaving the mother of two paralyzed and in constant pain.
Buell-Wilson offered to accept $100 million less of the damage reward if Ford would recall millions of Explorers and correct the design flaws she claims left her restricted to a wheelchair.
"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.
Ford insists that the Explorer is safe and has no plans to issue a recall.
"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," said spokeswoman Kathleen Vokes. "The Explorer is an outstanding vehicle with a solid safety record and we will continue to aggressively defend our products."
Dennis Schoville, one of two attorneys who represented Buell-Wilson, contended that Ford sacrificed passenger safety for profits. The lawsuit concerned design issues found on all Explorers made through 2001.
Schoville claimed that Ford did not follow engineers'' suggestions to widen the wheel track of the Explorer or to lower its center of gravity-changes that would be expensive, but would greatly increase the vehicle''s stability. 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.
Lou Arnell, who also represented Buell-Wilson, said that the punitive award was intended to "punish" Ford for selling a defective vehicle.
"I think their message to Ford is that it''s not OK what they''ve done and continue to do by not recalling the Ford Explorers," he said.
Copyright © 2001 - 2012 Online Lawyer Source
ATTORNEY ADVERTISEMENT—Thank you for your visit. The content published on this website was not written by medical professionals and should not, at any point, be mistaken for medical advice. Furthermore, the information on this site is intended for educational purposes only and should never interfere with a patient/site visitor and his or her healthcare provider. In addition, viewing the content on this website, requesting additional information, or transmitting information through a contact form should never be considered the formation of an attorney-client relationship. The material published on this site is general and may not apply to your specific circumstances. Every case comes with its own set of unique circumstances; past success discussed on this site does not guarantee future performance. Information found on this website should not be used as incentive to act without seeking counsel from a professional. For more information, please read our disclaimer.