Supreme Court Awards Ford Motor Company New Trial In $31 Million SUV Rollover Verdict
August 20, 20101-According to reports the South Carolina Supreme Court has awarded Ford Motor Company a new trial in a rollover crash that resulted in a $31 million verdict. The crash involved a teenager that sustained brain injuries in a rollover accident in a Bronco II in 2006, identified as Jesse Branham II.
The South Carolina Supreme Court ruled the judge overseeing the case allowed evidence to convince the jury that was inadmissible. The judge in the case allowed Branham’s attorney to used evidence that the sport utility vehicle was defectively designed, which would cause it to rollover and Ford Motor Company knew.
The attorney also provided the jurors with evidence of a 2006 trial that Ford paid punitive damages, which the Supreme Court stated should not have been allowed as evidence and was prejudicial in their August 16th ruling.
According to Bloomberg data, Branham’s verdict was one of 12 against the second largest U.S. based auto manufacturer, since 2004. Juries have awarded a total of $568 million in damages to be paid by Ford for accident claims. Branham’s verdict was one of the largest jury awards in 2006 according to Bloomberg’s data. According to attorney Ronnie Crosby of Hampton South Carolina, the appellate court decision disappointed Branham.
The attorney stated he believes there is reasonable evidence to support the Bronco II is defective and dangerous, they are looking forward to presenting the evidence to another jury.
Branham age 17 was a passenger in the rear seat of a 1987 Bronco II when it rolled over on a southwestern country road in South Carolina. The teen’s parents sued the Ford Motor Company for the rollover crash stating the Bronco II rolled over due to it being unstable.
The verdict the Hampton state court jury awarded the teen’s family was $16 million in actual damages and $15 million in punitive damages.
Judge John W. Kittredge noted in the ruling that no one in the vehicle was wearing a seatbelt at the time of the rollover. According to the evidence Cheryl Jane Hale the driver turned to look at the teens in the back of the vehicle and the vehicle began to drift. Hale steered hard to the left, which caused the Bronco II to roll over.
The teen’s family alleged Ford knew the Bronco II was defectively designed and could roll over and their attorney showed internal Ford documents that proved a debate about the suspension system. A former Ford executive was called to testify about the roll over problems.
The attorney also showed evidence of roll over concerns prior to 1986 manufacturing date of the Bronco II involved in the accident, which it is alleged the judge should have barred from the trial.
There should have been evidence of similar accidents barred from evidence, according to Kittredge and in another case South Carolina Supreme Court threw out an $18 million verdict awarded to a woman who alleged her Ford Explorer accelerated suddenly after engaging the cruise control. In March the case was overturned due to the judge allowing an expert to testify about Explorer cruise control problems.
Kittredge stated Branham’s attorneys wrongfully appealed to the jury when arguing for punative damages.
The U.S. Supreme Court in November turned down Ford Motor Company’s appeal of $55 million that w
We hope you have enjoyed this free public service message from:
Ehline Law | Los Angeles accident attorney
633 West Fifth St., 28th Fl.
Los Angeles, CA 90071
213.596.9642
