ILNews

Justices order new trial to determine fault in Ford rollover suit

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

ADVERTISEMENT