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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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