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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. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

  4. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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