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Justices order new trial to determine fault in Ford rollover suit

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The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.

In TRW Vehicle Safety Systems, Inc., and Ford Motor Company v. Sally J. Moore, personal representative of the estate of Daniel A. Moore, deceased, No. 73S05-0909-CV-404, the Supreme Court was faced with appeals from defendants Ford, and TRW Vehicle Safety Systems challenging the jury verdict and adverse judgment, as well as from plaintiff Sally J. Moore, whose husband Daniel died after he was thrown from his Ford Explorer through the sunroof during a rollover after a tire failure. Moore was wearing his seatbelt at the time of the crash. Sally Moore claimed there was insufficient evidence to support apportioning a portion of fault to nonparty Goodyear Tire.

Sally Moore brought a wrongful death action, and the jury found total damages to be $25 million and allocated fault to Moore at 33 percent; Ford at 31 percent; nonparty Goodyear at 31 percent; and TRW at 5 percent. Judgments were entered against Ford for $7.75 million and against TRW for $1.25 million.

The four justices ruled against Ford in all of its claims on appeal, and ruled in favor on TRW’s appeal regarding the denial of its motion for judgment on the evidence. The plaintiff claimed TRW was liable for negligent design of the seatbelt assembly. The evidence shows that TRW made the seatbelt assembly in compliance with Ford’s design specifications, wrote Justice Brent Dickson. There is no evidence showing TRW failed to exercise reasonable care in designing the assembly, so the motion for judgment on the evidence should have been granted. The justices vacated the judgment and allocation of 5 percent fault to TRW.

They also ordered a reduction in damages awarded attributable to the Moores’ son’s projected damages for a life span of 37.1 years. The jury should have only considered the time between the age the son was when his father died until his 18th birthday, so the son’s portion of the total damages determination should have been reduced by 78 percent, wrote Justice Dickson. They ordered a new trial subject to remittitur, wherein Sally Moore may instead accept a determination of total damages, before allocation of comparative fault for a sum of nearly $16 million.

The justices also granted Sally Moore’s cross-appeal because there wasn’t enough evidence to support allocating fault to Goodyear. But then the justices were left with the task of reassigning fault percentages to the remaining parties – Ford and Moore – a process that isn’t dictated by statute or caselaw. Indiana Appellate Rule 66 provides a broad range of options, and the justices decided in the interest of justice to order a new trial to allocate fault. They remanded on the issues of comparative fault and the allocation between Ford and Moore. If the fault of Moore doesn’t exceed that of Ford, the resulting fault allocations shall be applied to the total damages determined in this case, wrote Justice Dickson.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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