$55 Million Award Upheld in Ford SUV Rollover Case
Oregon SUV Rollover Attorneys
Posted on Dec 03, 2009
Date: November 30, 2009
On November 30, 2009, the U.S. Supreme Court upheld a punitive damage award of $55 million against Ford Motor Co., in a case stemming from an SUV rollover that left a California woman paralyzed.
Benetta Buell-Wilson, then 46 and the mother of two, was driving a 1997 Ford Explorer SUV on the freeway near Alpine, California, when she swerved to avoid an obstacle. The car rolled over multiple times, coming to rest on its roof.
The crash left Wilson hanging upside down from her seat belt, where she was crushed by the car’s roof. The crash severed her spine, and she has been a paraplegic ever since. She is also in constant pain that will continue to increase as long as she lives, the state appeals court found in 2006.
The court said there was evidence that Ford knew the Explorer had a weak roof and was prone to rollovers, but that the company decided against taking steps to strengthen the roof – a fix that would have cost around $20 per vehicle.
A jury originally awarded Wilson and her husband $246 million in punitive damages, finding that Ford knowingly sold a defective product. They also awarded the Wilsons $122 million in compensation for economic losses and pain and suffering.
Although the appeals court reduced punitive damages to $55 million, it is still largest ever upheld in a published California case, according to the San Francisco Chronicle.
Ford, along with other automakers and business groups, had asked the high court to overturn the punitive damages. Ford claimed they made reasonable design decisions, and the product met federal regulatory standards.
Jerome Falk, a San Francisco attorney who represented Wilson, told the San Francisco Chronicle that the award was "justified by Ford's marketing of a vehicle with known defects, creating a high risk of death or serious injury."
Ford spokeswoman Marcey Evans responded that the company was "disappointed that the Supreme Court did not take this opportunity to address some very important issues about runaway punitive damages."
The case is Ford vs. Buell-Wilson.
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