Ford Liable for $55 Million in Punitive Damages for... -
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Published on: 7/20/2006
Last Visited: 7/20/2006
On January 19, 2002, Wilson was driving her Explorer along Interstate 8 in San Diego County when, as she swerved to avoid a metal object that was bouncing directly toward her windshield, the Explorer fishtailed out of control and rolled over multiple times.
As the car rolled, its roof collapsed nearly a foot into the passenger compartment, crushing down on Wilson's shoulder with 1,000 to 2,000 pounds of force that pulverized and severed part of her spine.The impact also fractured her bones, cut her spleen, and dislocated her knees, and resulted in permanent disfigurement.
Wilson's spinal injuries rendered her paraplegic and suffering constant pain treatable only temporarily with medication-ending her once active lifestyle that had included practicing high-level martial arts, camping, hiking, dancing, and traveling.Although metal screws and rods inserted into her back helped to stabilize her upper body, she became totally dependent on her family for personal care and almost every other aspect of her life.
Wilson filed a design defect lawsuit against Ford alleging that it knowingly defectively designed the Explorer by making it dangerously unstable and prone to rollover, and inadequately supporting its roof so that it would readily crush into the passenger compartment in a foreseeable rollover.
Wilson's husband, Barry S. Wilson, who is a partner in Foley & Lardner LLP's San Diego's office, filed a loss of consortium claim arising out of his wife's life-altering injuries.
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It also awarded Mr. Wilson $13 million for loss of consortium.
Additionally, the jury found by clear and convincing evidence that Ford acted with oppression, fraud or malice in deliberately causing the design defects, and awarded her $246 million in punitive damages.
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On noneconomic damages to Mrs. Wilson, the jury awarded $105 million, or approximately 13 times the amount counsel requested and stated was ‘fair, just and reasonable.' The reduced award of approximately $65 million is still approximately three to five times that amount.