As reported by Fox 4 News from Kansas City, and other news sources, a retrial has begun in a personal injury case involving an alleged design flaw in Ford Motor Company’s Crown Victoria sedan that left one officer dead, and another man severely burned.
The suit is filed on behalf of the victim, M.N., injured in the 2003 crash. A Jackson County jury is hearing the case.
The officer that perished, a Missouri State Highway Patrol Trooper, was giving M.N. a ticket when another vehicle came up behind the police vehicle and crashed into it.
The impact of the accident caused the sedan to suddenly burst into flames.
Grant Davis, M.N.’s attorney, said, “There is no doubt Ford had knowledge. Ford was told about the defect back in the 1970s.”
Davis told jurors “Flames are what caused the fatal injuries” while showing them graphic pictures of his client’s burns. Davis further claimed that since Ford failed to move the gas tank in the sedan – arguing that the gas tank is far too close to the front of the rear axle – the company was responsible.
M.N. allegedly suffers with survivor’s guilt and, along with that, is looking to have his left hand amputated as the pain is too severe to bear.
The jury will decide what amount, if any, will be awarded to M.N. – Davis has asked for $23 million.
In the first trial, in which Ford won, both M.N., and the family of the deceased trooper, appealed. The new trial, according to records in the Jackson County court, only lists M.N. and his wife B.N. as plaintiffs.
Additional to the $23 million request, Davis is seeking $5 million for B.N. Davis stated that B.N. is due the award for the care she has provided to both her husband and to the family following the accident.
At the end of his argument, Davis simply stated, “Hold Ford accountable.”
After a recess Jim Fenney, Ford Motor Company’s attorney, began his closing arguments. He told the jury that “no vehicle is fireproof” and would have withstood the impact of the accident. He further argued that there is “no magic tank location” for any kind of vehicle.
Fenney added that there has never been a recall of the Crown Victoria sedan and it remains the vehicle “of choice” by law enforcement.
In regards to the vehicle that struck the police sedan, Fenney said, “It was a 13,900 pound trailer – folks, mass does matter size does matter when you are talking about an accident of this type and this severity. There is no vehicle other than a tank or an armored vehicle that could possible withstand this kind of blow under these circumstances.”
Both families had received $500,000 each from the employer of the man that struck the patrol car.
A case such as this one requires an attorney who is expert in product liability. Contact a personal injury lawyer from our directory to best suit your needs.