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Verdict range $100,000 - $500,000
ARTICLE ID 38284
$________ Product Liability - Negligent acceleration in reverse during vehicle test drive - Alleged defective brake/accelerator system in Ford Taurus - Cervical and lumbar sprain and strain - Radiculopathy.
Chester County
The plaintiff was employed by a Ford automobile dealership and
was parking newly delivered vehicles in his employers parking
lot in Phoenixville. The defendant driver was beginning a test
drive of a new Ford Torus. The plaintiff claimed that the
defendant driver negligently accelerated the Taurus in reverse,
striking the vehicle which the plaintiff was parking. The
defendant driver maintained the adjustable brake/accelerator
system of the Taurus was defective and caused him to depress the
accelerator instead of the brake. The defendant named Ford Motor
Company as an additional defendant in the case on a product
liability theory. The plaintiff then dismissed his complaint in
Chester County and refiled the action in Philadelphia County
naming Ford as a direct defendant along with the driver. However
another plaintiff, a Ford dealership employee who was a passenger
in the vehicle being test driven by the defendant driver, filed a
separate action against the defendant driver in Chester County.
The cases were then consolidated and tried in Chester County.
The male plaintiff was 55 years old at the time of the accident.
He testified he was stopped, preparing to back the vehicle into a
line of new vehicles, when his vehicle was struck by the
defendant driver who was accelerating in reverse. The impact
caused deployment of the single airbag in the plaintiffs
vehicle.
The plaintiffs physiatrist testified the plaintiff sustained
sprain and strain injuries to his neck, shoulder and low back
with nerve involvement as a result of the accident. The plaintiff
complained of occasional radiculopathy in his left arm and left
leg. He was unable to undergo an MRI due to a metal implant in
his ear for an unrelated hearing loss.
The plaintiffs vocational expert testified the plaintiff is
limited to sedentary employment and could not return to his
former position. The plaintiff had not returned to work as of the
time of trial.
The defendant driver testified he became confused due to the
adjustable pedal system of the Ford Taurus and depressed the
accelerator instead of the brake. Expert engineers for both the
defendant driver and the plaintiff testified the design of the
pedal system was defective.
The defendant Ford argued that the adjustable pedal system,
designed to move closer or farther from the driver, was not
defective. Ford utilized a model of the pedal system as a p 7 3
demonstrative aid. The defendant Fords engineer opined that the
accident resulted from driver error.
The defendants orthopedic surgeon testified the plaintiff
sustained only soft tissue injuries as a result of the accident
and those injuries had resolved with no objective evidence of
continuing problems.
The jury found the defendant driver ________% negligent and found that
the Ford Taurus was not defective. The jury awarded the plaintiff
$________ in damages. The second plaintiff passenger settled his
claim prior to verdict.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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