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Gibson v. Ford Motor Co., Draw-Tite, Inc. and Burns

Product Liability / Fuel Tank / Trailer Hitch / Seatback / Door Design
$13,000,000 Verdict - 12/16/05

Gibson v. Ford Motor Co., Draw-Tite, Inc. and Burns, State Court of Athens-Clarke County, Georgia. Autie Gibson sued Ford, Draw-Tite and Burns after Autie’s wife, Ann Marie Gibson, burned alive when her 1985 Ford Marquis was struck in the rear by the Burns vehicle.  Mrs. Gibson’s Ford had a defective, “pinto-esque” bumper fuel tank located in the known rear crush zone.  The bumper tank exploded when it was punctured by the sharp bolts on a defective, uncrashworthy Draw-Tite trailer hitch also on the Gibson vehicle and designed by Draw-Tite for that model.  Mrs. Gibson’s Ford seatback was also defective.  It failed by collapsing rearward in the crash, which dropped Mrs. Gibson’s head and upper torso into the flames initially located only in the back seat.  The door system on the Ford was also defective: Mrs. Gibson’s doors were jammed shut, and could not be opened as a result of the impact.  While rescuers at the scene attempted to unjam the doors, Mrs. Gibson was trapped inside the burning car, screaming and frantically trying to extinguish the flames in her hair.  According to the state crime lab autopsy, Mrs. Gibson died solely from the fire and smoke injuries she sustained while trapped in her burning car.  The only injuries from the impact of the wreck itself were two bruises to her shins.

In a 4½ week trial, Plaintiffs proved Ford had known for years the dangers of the vulnerable fuel tank location and that both Ford and Draw-Tite knew the addition on this vehicle of a bumper trailer hitch with screws that could impact the tank in a crash made that design even more dangerous.  Notwithstanding that knowledge, both Draw-Tite and Ford advertised this vehicle and hitch for towing and never warned a soul about the dangers.

The jury awarded $10 million for the full value of the life of Mrs. Gibson and $3 million for the pain and suffering from fire she experienced during the incident before her death.  The verdict is believed to be the largest personal injury verdict in Athens-Clarke County history and the largest verdict against Ford in a fire case in Georgia.

At  Butler, Wooten & Fryhofer, we have the resources and experience it takes to successfully pursue complex personal injury, wrongful death , product Liability litigation.  Contact us today. We would be happy to discuss your case with you.

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$17,716,401 Verdict / Auto Product Liability / Ford Explorer Rear Restraint System / Lap Only Seat Belt

12/18/2009 Wheeler v. Ford Motor Company, et al., State Court, Clayton County, Georgia.

Plaintiffs Lynn and Douglas Wheeler won their design defect and failure to warn claims against Ford Motor Company relating to the 2002 Ford Explorer. On Christmas morning 2005, 58 year old Lynn Wheeler was on her way to church with her family. Lynn Wheeler was seated in the rear center seat of her son’s 2002 Ford Explorer, wearing the lap-only seat belt Ford installed for that seating position. Two of Lynn Wheeler’s grandchildren were in child seats on either side of her. As they entered a curve on Noah’s Ark Road, a 2-door Eagle Talon coupe driven by John C. Stanley crossed the centerline and struck the Explorer head-on.

$5,470,000 Verdict/Wrongful Death

10/23/09 Pitts v. A&G Trucking. Inc., et al., State Court of DeKalb County, Georgia.

Plaintiffs, four minor children, recovered for the death of their father, who was killed by a dump truck driver while the decedent was working as a "spotter" or "flag man" on the runway expansion at Hartsfield Jackson Atlanta International Airport. According to eye-witnesses, the driver of the dump truck was talking on her cell phone or CB radio and was given a stop signal by the deceased.

$45,000,000 Settlement | Credit Insurance/Consumer Rights Class Action

10/31/07 Toole v. J.M.I.C. Life Insurance Company, Superior Court of Muscogee County, Georgia

Plaintiff Toole represented a class of people who prepaid J.M.I.C. Life Insurance Company premiums for credit life and disability insurance policies when they purchased vehicles. J.M.I.C. Life Insurance Company contractually promised to refund any unearned premium if class members paid off the insured loans before the five-year term had expired, but failed to do so when they paid off the insured loans early.

$105,500,000 Verdict | Defective Automobile

11/23/04 Flax v. Daimler Chrysler Corporation and Louis A. Stockell, Jr., Circuit Court for Davidson County, Tennessee

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With offices in Atlanta and Columbus, Georgia, the attorneys at Butler, Wooten & Fryhofer, LLP represent the seriously injured throughout Georgia, including the cities of Atlanta, Columbus, Marietta, Smyrna, Roswell, Gainesville, Peachtree City, Forest Park, Riverdale, Lagrange, Macon, and Savannah. Our lawyers have handled accident and defective product claims nationwide, including Alabama, Arizona, California, Connecticut, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, West Virginia and Wyoming.