X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The parents of a teenager who died in the crash of a 1995 Ford Explorer Sport have won a $15 million verdict in their federal lawsuit against the automaker. A federal jury in Tulsa, Okla., returned the verdict against Ford Motor Co. Monday in a product liability lawsuit that claimed the vehicle’s roof was not strong enough. Tyler Moody, 18, was killed Jan. 7, 2003, when he lost control of the sport utility vehicle while he was passing another vehicle in a no passing zone on a curve, according to a Nov. 14 order by U.S. Chief District Judge Claire Eagan. The SUV left the road and rolled at least 1 1/2 times, coming to rest on its roof. Tulsa jeweler Kevin Moody and Veronica Moody alleged in their lawsuit, filed Nov. 18, 2003, that “because the defective vehicle had an inadequate roof-crush tolerance,” Tyler Moody was trapped within the Explorer “and his neck was pushed into his chest by the intruding roof at a precipitous angle.” He was in a position where his airway was impeded, causing his death, the lawsuit said. Testimony showed that Moody was wearing his seat belt. He suffered a 5-inch gash on his head. Plaintiffs attorney Clark Brewster told the jury Monday that the roof of the Explorer collapsed when the vehicle went through what he termed a relatively slow, easy roll. Brewster described the part that gave way during the wreck as being made of “spindly little pieces of metal engineered down to an unacceptable level to save money.” Ford attorney Mary Quinn Cooper said the vehicle exceeded federal standards. She said 98 percent of seat-belted SUV riders who are in rollover accidents are not seriously injured. She said there was no doubt that Moody was by all accounts “a great kid,” but on the day of the accident he made “bad decisions that had fatal consequences.” The plaintiffs’ accident reconstruction expert testified that Moody was traveling at about 67 mph through the curve, according to Eagan’s Nov. 14 order. The judge wrote that the posted speed limit on the road was 50 mph but that as vehicles entered the curve, another sign advised drivers of the curve and stated “30 mph.” The jury deliberated for about three hours Monday before delivering its verdict of actual or compensatory damages of $15 million. However, the panel did not find that Ford recklessly disregarded its duty to the public’s safety. Such a finding would have prompted a second stage of the trial involving punitive damages.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.