Ford Wins

Ford won a products liability lawsuit in Henry County, Alabama on Tuesday, January 15, 2008.  The case arose from an accident which occurred in 2000 wherein a 28 year old woman, Pamela Jackson Davis, was thrown from the Ford Expedition.  According to the complaint, Ms. Jackson’s estate alleged that the seat belt and the glass were defective, and had they not been, Ms. Jackson would have survived the crash.  Ford, however, argued that she was not wearing her seat belt and that the glass was not defective.

Apparently, the jury agreed with Ford.  The attorney for Ford, Harlan Prater of the Birmingham law firm Lightfoot Franklin White, LLC, expressed sympathy for the family of Ms. Davis; however, he was glad to see the jury saw that the Ford Expedition was a good, safe vehicle.

This case is another example of juries getting it right.  When the jury rules in favor of the defendant, you don’t hear plaintiff attorneys complaining.  They know that their clients were given a fair shot at proving their case, and a jury of their peers made a decision.  When that happens, they live with the jury’s decision.  Why do businesses, corporations, insurance companies, etc. always say the jury got it wrong when they lose?  Some might call this being a sore loser.  I think, however, that these entities just don’t like it when twelve people rule that they did something careless, reckless, and wrong, and even worse, they cannot stand to lose money.  Follow the dollar.

Public Misperception

Here’s an eye opener for you.  We tried a lemon law case in Montgomery, Alabama on Monday, November 26, 2007 and Tuesday, November 27, 2007.  During jury selection, we asked the jury panel their thoughts and feelings about tort reform and lawsuits in general.  Their response?  There are too many lawsuits and too many people trying to get millions of dollars – too many crazy verdicts.

After selecting the jury, one of the Judge’s clerks came to us and told us that during his tenure with the Judge, there have been four cases tried to verdict – ALL DEFENSE verdicts.  He further told us that during the Judge’s ten years on the bench there have only been TEN verdicts in favor of the plaintiff.  TEN PLAINTIFF VERDICTS IN TEN YEARS???  Are you kidding me??  Is that not unbelievable?

The public thinks the legal system is out of control and that juries are giving away money like there is no tomorrow.  Well, the system is out of control – AGAINST ANYONE BRINGING A LAWSUIT.  It is very difficult for individuals and consumers to get a fair trial in this day and age.  Most jurors are now biased against plaintiffs and lawsuits which is the result of years of advertising campaigns put forth by insurance companies and big business through the U S Chamber of Commerce.

The idea of our civil justice system was to right wrongs, compensate individuals, and hold people and corporations accountable for their actions.  Many insurance companies and big businesses don’t want to be held accountable, and they want to be able to budget their wrongdoings.  When they know the system is working for them, it doesn’t work.  It’s the fear of large verdicts which keeps them in check, and right now, there is rarely a check.