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COA reverses judgment for Ford in liability suit

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The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.

In Peter and Lori Cook, as parents and next best friend of Lindsey Jo Cook, minor v. Ford Motor Co., No. 49A02-0802-CV-130, the Cooks sued Ford after their 8-year-old daughter, Lindsey, suffered severe head trauma when the front passenger seat airbag deployed during a minor accident. Lindsey had removed her seatbelt prior to the accident.

The Cooks claimed her injuries were caused in part by Ford's defective instruction and warnings with respect to the front passenger seat airbag and the airbag deactivation switch. Peter and Lori Cook admitted to not reading the entire owner's manual or the airbag warning on the front seat visor regarding airbags. Based on what they did read, they believed airbags should only be turned off in the front seat when a child is riding in a rear-facing safety seat.

The appellate court ruled that 49 C.F.R. Section 571.208 - Standard 208 - of the National Traffic and Motor Vehicle Safety Act, doesn't preempt the Cooks' failure to warn claim. The Cooks argued waiver for the purposes of the appeal and wanted the Court of Appeals to prohibit Ford from raising S4.5.4.4 of the Safety Act on remand. That section explains what information a vehicle owner's manual shall provide regarding the airbag cutoff device.

The judges decided that Wyeth v. Levine, 129 S. Ct. 1187 (2009), should control the instant case. It also held that S4.5.4.4 provides a floor for the warnings that are to be included in an owner's manual with respect to airbag safety and use of the cutoff device, but it isn't a ceiling. The points addressed in that section must be included in the owner's manual, but the specific language isn't mandated and additional points aren't foreclosed, wrote Judge Margret Robb.

The appellate judges disagreed on the Cooks' claim for breach of duty to warn on the dangers associated with the truck's airbags. Judges Robb and Terry Crone couldn't say whether the instructions were adequate as a matter of law and questioned whether a reasonable person would have understood based on Ford's instructions that an injury could occur under the circumstances of this case. The majority also reversed summary judgment regarding proximate cause.

"Whether the backseat instruction, in conjunction with the airbag instruction, is adequate to warn of the dangers to children of airbag deployment and whether the Cooks' failure to follow the backseat instruction was a reasonably foreseeable intervening cause is, again, a question of fact properly reserved for the jury," wrote Judge Robb.

Judge Elaine Brown dissented because she believed the Cooks failed to comply with Ford's adequate warning to put children in the backseat of a car and to always wear their safety belts. There's no dispute the truck's manual contained warnings about those dangers and that it was possible for the parents to have Lindsey sit in the backseat at the time the accident occurred, she wrote.

The Court of Appeals also unanimously affirmed the denial of Ford's motion for fees and costs incurred during the first trial of this cause. The case is remanded for further proceedings.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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