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Class Action Litigation

8/6/2009
Travis Newman
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Verdict Upheld in Automobile Defective Product Litigation

From Law.com:

"An appeals court on Wednesday upheld a product liability verdict against Ford Motor Co. for $8 million in compensatory damages and $42,050 in punitives, despite the plaintiff's contention that the award was lopsided because Ford's lawyer was allowed to tell jurors about the carmaker's financial straits and layoffs.

The appeals panel in Zakrocki v. Ford Motor Co., A-5769-06/5799-06, did not discuss whether the defense attorney was wrong to mention the potential impact of punitives on Ford employees but it upheld the trial judge's decision to limit evidence about Ford's finances.

A Monmouth County, New Jersey, jury found that a defective throttle on a 1997 Ford Explorer caused the rollover accident that left Rebekah Zakrocki with a useless right arm.

Zakrocki, then 22, claimed her throttle jammed while she was driving north on the Garden State Parkway on Nov. 10, 2000, and when she pressed down hard on the gas pedal, the car lurched forward, causing her to lose control and hit other cars before rolling over.

The crash nearly severed Zakrocki's right hand and tore out the nerves connecting her spinal cord to her arm. She had 21 operations, including multiple muscle, vein, nerve and skin grafts.

The jury blamed the accident on a defective throttle, rather than a tendency to roll over and found $10,626,480 in damages, including $8 million for pain and suffering, but deemed Zakrocki 28 percent at fault because she was not wearing a seat belt. Half the liability was assessed against Ford and the other 22 percent against Freehold Ford, the dealer that sold Zakrocki the Explorer"

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The law firm of Gray and White Law is a Louisville, Kentucky based firm with significant experience representing injured consumers in national class action litigations.  If you or a loved one believe you may have suffered injuries as result of the use of a defective product, please contact Matt White at Gray and White Law for your FREE consultation.

Gray and White Law

The Speed Mansion

505 West Ormsby Avenue

Louisville, Kentucky 40203

Tel: (502) 637-6000

Toll-Free: (800) 637-6033

Fax: (502) 637-1413

email: mwhite@grayandwhitelaw.com

 




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