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View Full Version : Rollover victim wins $369M verdict


stellar
06-05-2004, 06:44 PM
http://www.cnn.com/2004/LAW/06/03/ford.rollover.ap/index.html


Ford plans to appeal

Thursday, June 3, 2004 Posted: 9:07 PM EDT (0107 GMT)


SAN DIEGO, California (AP) -- A jury has ordered Ford Motor Co. to pay nearly $369 million to a woman paralyzed in a rollover accident involving a Ford Explorer, the nation's best-selling sport utility vehicle.

The jury Thursday ordered the No. 2 automaker to pay $246 million in punitive damages. It awarded more than $122.6 million in compensatory damages Tuesday.

The award is one of the biggest ever against the automaker and marked the first loss after 11 victories in rollover lawsuits involving the Ford Explorer.

Ford, based in Dearborn, Michigan, has said it will appeal.

The trial involved a January 2002 accident east of San Diego. Driver Benetta Buell-Wilson swerved to avoid a metal object and lost control of her 1997 Explorer, which rolled 41/2 times.

During a news conference after the verdict, Buell-Wilson, a 49-year-old mother of two, offered to knock $100 million off the damage award if Ford would fix the design problems in the Explorer that left her permanently paralyzed from the waist down.

"I'm hoping they'll fix what's out there because I don't want what's happened to me to happen to anyone else," Buell-Wilson said Thursday.

In a statement, Ford insisted the Explorer was safe.

"Although the offer makes a great sound bite, it doesn't change the facts: The Explorer meets or exceeds all Federal safety standards. There is no defect with the Explorer," spokeswoman Kathleen Vokes said.

"The Explorer is an outstanding vehicle with a solid safety record and we will continue to aggressively defend our products."

Ford has sold more than 5 million Explorers since the vehicle was introduced in 1990, she said.

Dennis Schoville, Buell-Wilson's attorney, contended Ford had sacrificed passenger safety for profits. The lawsuit involved design issues found on all Explorers made through 2001, Schoville said.

Schoville said Ford declined to follow its engineers' suggestions to widen the Explorer's wheel track or to lower its center of gravity -- costly changes that would make the vehicle more stable. Concern about costs also kept Ford from sufficiently reinforcing the Explorer's roof to protect passengers in a vehicle "they know is going to roll over," he said.

"This is an important message because there are a lot of people out there that are driving these vehicles that don't have, like Mrs. Wilson, any clue of what could happen," Schoville said.

I'm generally offput by huge civil judgements, but I'll say hurrah to this one.

Hurrah.

I really don't carry the flag against SUVs as being gas guzzlers or polluters. If it doesn't bother the people who drive SUVs and are paying for the gas, it doesn't bother me and the subjective comparison on pollution is invalid. That said, as an design engineer it bothers me greatly to see a structurally instable machine be put out into the market. Don't fool yourself - the vast majority of SUVs are unstable and it's not the tires. It's the center of gravity and the center of mass. Every design engineer takes these factors into consideration when designing a transport frame, or a ship, or a car. But not a SUV because the engineer knows a SUV will never satisfy stability requirements but the execs still want to put out an attractive and rugged-looking body type so the engineers step aside and things like paralysis and death results.

Hopefully this judgement will help.

Third EYe
06-05-2004, 10:30 PM
well, what about the HumV?

I'm not an SUV person, don't want one, don't care if my neighbor has one, and he does, they both do, holy crap I may be the only kid on my block without a 4wd vehicle. It's true, even the cab driver next door, he drive a SUV cab.

But the Hummer is safe, right?

AgentSun
06-05-2004, 11:01 PM
yeah, safe against every other car out there.

i was in the car and we were going past an accident site. it wasn't major damage, but the collison was SUV vs. honda (or some other small car)...the SUV looked fine, maybe a broken light, but the other car's whole front right was smashed in and you could see the parts under. and the headlight was hanging by a wire.

i drive an SUV and i know that that would happen to whatever small car got into a collison with me. my bumper took 800 bucks to fix when someone rear-ended me. that little honda took probably 1,000 just to get a hood un-dented. collison wise, small cars don't neccesarily have it good against an SUV.

Third EYe
06-06-2004, 06:16 AM
The damage, physical damage is not what the problem is, it's maneuverability and stability on the road. I can take my car at 65 mph, hit the e-brake and spin 360 and keep relative control of the car. In an SUV, most of them anyway, the same conditions could kill me. The vehicle just can't handle the force, it will flip on it's side or even completely over. I drove past an single car accident once, an SUV on it's roof at an intersection. What happened was that this person got a yellow light so they pushed the gas down hard and tried to make the left turn before the light turned red. They couldn't have been going more than 40mph.

If it were just about cosmetic damage, then yeah, the SUV would win, buy so would the pick-up truck. Another thing to consider is energy distribution during a crash. If your fender crumples up, then it has absorbed the energy of the crash, if it stays rigid, then odds are you have absorbed that energy and now have wiplash. Some cars, like Toyota, are designed to be damaged upon impact. This is a good thing, unless you keep hitting your garage.

Martincore
06-06-2004, 07:29 AM
I like this part: "The Explorer is an outstanding vehicle with a solid safety record and we will continue to aggressively defend our products."

Third EYe
06-06-2004, 07:34 AM
I like this part: "The Explorer is an outstanding vehicle with a solid safety record and we will continue to aggressively defend our products."


I think they misquoted, logically what should have followed that statement should be

"...as long as our heads are stuck up our collective asses."

stellar
06-06-2004, 08:39 AM
But the Hummer is safe, right?

It would be easier to say if the manufacturers would index the CG/CM, but that would just hilight their problem.

In my guestimation, the Hummer is stable because of it's very wide footstep. Another that may be more stable than the pack are the Infinity FX series (they look like a big car, but I think they qualify as SUVs). The H2s that you see yuppies driving around aren't really the Hummers the Army uses. The H2s are just shells without the power of what I assume is a mule of a diesel engine in the real Hummer.

The Hummer was designed to be as agile as the Jeep. I would seriously think twice about taking an H2 up a 60-degree slope or across a ravine... the Hummer could probably take those with no problems.

grinner
06-06-2004, 09:02 AM
any of the car based SUV's are more stable than the truck based ones. The Subaru Forester is an Impreza with a different top on... same with the Toyota Rav4... it is just a awd Camry with a different body. In all of the car based SUV's, there is a lower center of gravity and a unibody. In the Truck Based SUV's, the ladder construction of the frame and because they are trucks cause them to have a higher center of gravity. That is also what makes them survive an accident without as much damage... they are not unibody, so that when they hit... they don't fold.

Third EYe
06-06-2004, 10:41 AM
yeah, the H2 is cool looking, but it is not the Hummer, or Hum V. The Hum Vs started being issued in 87 I beleive. I remember that was the first time I saw one, and got to ride in a few. I like the Hummer, but not the price.

Lord Loser
06-06-2004, 11:54 AM
Don't you mean the HMMWV, Third Eye? :P

Third EYe
06-06-2004, 02:57 PM
Don't you mean the HMMWV, Third Eye? :P


It's possible, i'm still waiting on my wife to confirm the last 3 days for me. I'm not allowed to have my own meanings.

Lord Loser
06-06-2004, 06:33 PM
Hmmm... marriage sounds wonderful.

*High Mobility Multi Wheeled Vehicle (military designation)*