In Re: Hurricane Rita Evacuation Bus Fire; (206th Judicial District Court of Hidalgo County, Texas 2005)
N/AOUTCOME: Global settlement 88 million
Houston, TX
Personal injury Lawyer at Houston, TX
Practice Areas: Personal Injury, Defective and Dangerous Products ... +3 more
OUTCOME: Global settlement 88 million
OUTCOME: 10 million global settlement
OUTCOME: 5 million
OUTCOME: Verdict: 450,000 approx
http://www.bizjournals.com/houston/news/2011/03/01/cb-legal-wins-fees-from-la-law-firm.html
OUTCOME: 1 million global settlement
OUTCOME: 1 million global settlement
OUTCOME: Confidential Settlement
The 2003 Lincoln Aviator in question was originally designed, manufactured and sold by Ford Motor Company. At the time the vehicle in question was sold, Ford Motor Company was in the business of desig ... ning, manufacturing and selling vehicles such as the one in question. At the time the vehicle in question was designed, manufactured and sold by Ford Motor Company, it was defective in design and unreasonably dangerous as designed. The defective and unreasonably dangerous condition of the 2003 Lincoln Aviator was a producing cause of the injuries to Jeanette Miller. The defects regarding the Lincoln Aviator at issue include, yet are not limited to, the vehicle’s lack of an Electronic Stability Control system, poor rollover resistance, inadequate A-pillar, B-pillar, unreasonable occupant protection system and roof strength that failed to protect Jeanette Miller in a foreseeable rollover. There were safer alternative designs other than the one used, which were economically and technologically feasible and would have prevented or significantly reduced the risk of accident and/or injury in question without substantially impairing the vehicle’s utility. Specifically, Ford Motor Company could have incorporated an integrated roll bar, multiple roof bows or roof panels to strengthen the roof. Ford Motor Company could have also incorporated a wider track width, a longer wheel base, a lower center of gravity height, a higher “stability index†or ratio of track width to center of gravity height. Ford Motor Company could have also incorporated foam and/or high strength boron steel to increase the strength of the A and B pillars to prevent them from collapsing and/or moving inboard in an accident such as the one made the basis of this lawsuit. Ford Motor Company could have also incorporated an “all belts to seat†and pre-tensioners into the restraint system. The incorporation of all belts to seat and pre-tensioners that would fire in a rollover event prevents or substantially decreases the likelihood of occupant excursion and reduces the risk of an occupant getting outside the plane of the vehicle in a foreseeable rollover event. Ford Motor Company could have incorporated an Electronic Stability Control system into the Aviator that would have prevented the rollover. These safer alternative designs were available in the market and were technologically and economically feasible at the time the Lincoln Aviator was manufactured and would not have impaired the utility of the vehicle. Further, at the time the vehicle in question was sold, the defective design caused the product to unexpectedly fail to function in a manner reasonably expected by an ordinary consumer. The defective and unreasonably dangerous design of the vehicle was a producing cause of the accident, the injuries to Jeanette Miller and damages of Plaintiffs. At the time of the accident, the vehicle was in substantially the same condition as it was at the time it was placed into the stream of commerce. Any alterations to the vehicle were made by a dealer / agent of Ford Motor Company. At the time of the accident, the vehicle was in the same or substantially similar condition as when it left the control of Ford Motor Company. No mandatory safety standards or regulations adopted and promulgated by the federal government or an agency of the federal government were applicable to the 2003 Lincoln Aviator at the time it was manufactured that governed any product risk that caused the accident and/or injuries to Plaintiffs. To the extent Ford Motor Company attempts, pursuant to §82.008 of the Texas Civil Practice & Remedies Code, to rely on any standards or regulations of the federal government, such standards or regulations were inadequate to protect against the risk of accident and/or injuries that occurred in this accident and/or Ford Motor Company withheld or misrepresented information to the government regarding the adequacy of the safety standard at issue.