Posted on 09/07/2010 9:01:43 AM PDT by KeyLargo
Tuesday, September 7th, 2010 at 2:49 am Ford $131 Million Verdict 9th Largest in U.S. History By Stacy
In a landmark ruling going against U.S. automaker Ford, a $131 million verdict was returned by the jury leaving the manufacturer culpable for the wrongful death of Minor League baseball player Brian Cole. The New York Mets hopeful had been driving his Explorer and was thrown from the vehicle when it flipped, suffering terminal injuries. Get the full story, pictures and video below
Company spokeswoman Marcey Evans said Cole had been driving over 80 miles per hour when he went off the road and was not wearing his safety belt. Evans said that crucial evidence was omitted by the judge in the wrongful death suit, proving that Cole had not been wearing his seatbelt.
“This was a tragic accident, and our sympathy goes out to the Cole family for their loss, but it was unfair of them to blame Ford,” Evans said.
Of the numerous wrongful death suits brought against Ford, the $131 million verdict is the largest. The high sum was due to the victim’s profession, said attorney Tab Turner. Turner’s case stated that the Explorer’s susceptibility to overturning and faulty seatbelts caused the death of Cole.
“His belt was still buckled after the accident was over but he was thrown from the car.”
But spokesman Evans said that crucial evidence omitted in the case proved that Cole’s belt was not fastened properly, vindicating the automaker.
“Brian Cole had been driving over 80 mph when he drifted off road for unknown reasons, suddenly turned his steering wheel 295 degrees, lost control, and caused the vehicle to roll over more than three times,” Evans said. “He was not wearing his safety belt and died after being ejected from the vehicle. His passenger, who was properly belted, walked away from the accident.”
The automaker’s flagship vehicle, Explorer, came under fire years ago for its tendency to flip, but Firestone was eventually blamed due to faulty tires. For Ford, the $131 million verdict may encourage further suits against its vehicle unless they are able to get the decision overturned.
What do you think of the landmark case? Should Ford have to pay for the damages? Let me know your opinion in the comment section! For more on the story, check out the pictures and video below!
“Brian Cole had been driving over 80 mph when he drifted off road for unknown reasons, suddenly turned his steering wheel 295 degrees, lost control, and caused the vehicle to roll over more than three times,”
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Seatbelt or no seatbelt. If you do this.... You are gonna die.
Lucky for him, his family are now millionaires.
This case is prima facie evidence that this country and it’s lawyers are completely out of control.
Lucky for him, his family are now millionaires.
Also untrue: I am Certain that Ford will appeal and win on appeal.
We need tort reform.
No seatbelt, driving over 80 mph and they suddenly turns the wheel 295 degrees? SUVs are not very stable at 80 mph. Insanity.
80 in a SUV? The case should have been thrown out.
NOT TRUE: His passenger was wearing his seat belt and WALKED AWAY from the accident
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Wow. Sure did. I should have caught that one.
But what that tells me is that Cole was either NOT wearing his seat belt - or he was in fact wearing it incorrectly.
Reminds me of the guy who flew his plane into a mountain. He was wearing a seat belt but not the shoulder belt that his plane WAS equipped with. His wife sued successfully because the plane did not have a little decal to remind the pilot to wear his shoulder belt. It was the beginning of the end of affordable General Aviation.
ML/NJ
They stuff the jury box with malleable souls who in 5 minutes could be convinced to scalp themselves with steak knives. Then surprise, they emotionally agree that plaintiff is owed an unbelievable sum.
It goes to appeal, and cooler heads prevail.
You wrote:
Seatbelt or no seatbelt. If you do this.... You are gonna die.
Lucky for him, his family are now millionaires.
When actually, if you read the excerpt (at least), you’ll see his passenger lived, and walked away:
His passenger, who was properly belted, walked away from the accident.”
If you are not wearing your seat belt in a collision, you are much more likely to be injured, or die.
Brian Cole never made it to his hometown of Meridian. In an accident whose cause remains a source of legal debate, Cole rolled the vehicle while traveling westbound on State Highway 8 near the Florida-Georgia border, was thrown from the vehicle, and died several hours later in a Florida hospital. His cousin, Ryan, was released from the hospital hours later. Read more: http://www.nydailynews.com/sports/baseball/mets/2010/01/27/2010-01-27_tragedy_haunts_mets.html#ixzz0yrRMr8WS
The appeal will be overturned based on the evidence the judge withheld from the jury concerning the seat belt.
The dead guy was at least partially responsible...and probably largely (if not *entirely*) responsible.If I was on the jury I would have voted that the family get $1.
Speculation: He had buckled it properly but the assembly was behind him to stop the warning from irritating him.
If I was on the jury I would have voted that the family get $1.
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If I was on the jury, I would award $1.00 AND a new Ford Explorer.
(BURN!!)
speculation: 20 or 50 PSI at 80MPH can do that to ya.
my guess is he was at 25.
(35 is just about right in most cases,but they put PSI recommendations on there FOR A REASON)
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