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Ford Loses $82 Million Rollover Verdict Appeal

California woman paralyzed in Explorer rollover accident

By Joe Benton
ConsumerAffairs.com

March 11, 2008

Ford appealed the award arguing that the jury unfairly punished Ford even though the design of the vehicle met federal safety standards.

The paralyzed woman, Benetta Buell-Wilson of San Diego, was driving her 1997 Explorer on an Interstate highway on January 19, 2002 when she swerved to avoid a metal object in the road. The SUV went out of control.

The vehicle skidded across the highway and rolled more than four-and-a-half times and the Explorer came to rest on its roof. The accident left the 49-year-old woman's spine crushed. The mother of two remains paralyzed.

A California jury initially awarded Buell-Wilson and her husband $369 million, including $246 million in punitive damages. State courts twice cut the amount of the verdict.

The $82.6 million approved by the California Court of Appeal includes punitive damages of $55 million.

The lawsuit alleged the design of the Explorer was flawed because the SUV had a high center of gravity and was prone to roll over. The suit also claimed that the Explorer roof was inadequate to protect occupants in a rollover accident and Ford was aware knew of the design flaws but did not act to fix them.

Class action cases

Last year, Ford agreed to settle class-action lawsuits affecting 1 million consumers in four states who claimed that Ford Explorer sport utility vehicles were prone to rollover accidents.

The agreement covers the remaining lawsuits that were filed following the Firestone tire recalls which damaged Ford's image.

Owners of 1991 through 2001 Ford Explorers in California, Connecticut, Illinois and Texas will now be able to apply for $500 vouchers to buy new Explorers or $300 vouchers to buy other Ford, Mercury or Lincoln products, according to reports about the agreement.

As part of the settlement, Ford will be required to distribute information about the rollover dangers of SUVs as well as limit safety claims for the vehicles in advertising.

The lawsuits were filed in the following a federal investigation in 2000 after more than 250 people were killed and hundreds more injured in accidents involving tread separation on tires produced by Bridgestone/Firestone Inc. Most of those accidents involved Ford Explorers.

Ford and Bridgestone/Firestone each blamed one another for the accidents. Ford accused the tire manufacturer of producing an inferior tire. The tire maker charged that the design of the Explorer was the cause of the rollovers.

In 2002, the National Highway Traffic Safety Administration declared that the Explorer was no more rollover-prone than other SUVs.

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