Cases That Made A Difference
Ford Eliminates "Illusory Park" Defect After Verdicts
The Ford Motor Company manufactured automobiles with
a defectively designed transmission between 1970 and 1979. This defect
produced an "illusory park" position, giving the operator
the impression that the car was secured when it was not. Vibration
or slamming of a car door could cause the automobile to move in reverse.
About 90 injuries were reported as a result of this defect.
However, not until Ford lost two verdicts did the automaker
come to grips with this hazard. In 1976, a woman put her 1973 Lincoln
in the park position and left the vehicle to load groceries. The car
suddenly moved backwards, knocking the plaintiff down and running
over her legs. A jury verdict for the plaintiff in 1979 was upheld
on appeal.
In the second case, a driver who walked to the rear
of her car while it was in the park position was killed when the automobile
reversed unexpectedly. In 1979, a jury found the transmission design
was defective and that Ford had failed to properly warn consumers
of the problem. The jury awarded compensatory damages and assessed
$4 million in punitive damages. A few months after these verdicts,
Ford eliminated the "illusory park" position hazard.
Ford Motor Co. v. Bartholomew, 297 S.E.2d 675
(Va. 1982);
Ford Motor Co. v. Nowak, 638 S.W.2d 582 (Tex.
App. 1982).
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