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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. 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

  5. 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

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