JERE BEASLEY REPORT March 2019 I. After hearing the evidence, the jurors air pressure and tire sizes, but to no avail. sent a strong message to Ford that destroy- The Explorer was still defective and highly CAPITOL ing internal safety documents in an effort dangerous. There are still defective Ford OBSERVATIONS to hide critical and unfavorable evidence Exploders on our nation’s highways. The will not be tolerated. Kendall had this to defective design is still putting people at say about Tre and how the verdict will risk decades later and the Explorers con- help him to put his life back together: RECORD JURY VERDICT AGAINST FORD MOTOR tinue to seriously injure and kill people. CO. IN CASE INVOLVING EXPLORER ROLLOVER The case is Travaris D. Smith v. Ford We represent a 24-year-old young Motor Company, et al, 27-CV-2016- man who cannot be left alone to An Alabama jury found Ford Motor 900273.00 in the Circuit Court of Dallas care for himself in any way. This Company totally responsible for causing a County, Alabama. If you need more infor- verdict represents justice for Tre and rollover crash of a 1998 Ford Explorer that mation on the case contact Helen Taylor at his family. Thanks to a courageous left Travaris “Tre” Smith paralyzed and 800-898-2034 or by email at Helen.Taylor@ jury he will now be able to access awarded him $151,791,000. The verdict beasleyallen.com. basic necessities within his home includes $51,791,000 in compensatory and have access to the care he needs. damages and $100 million in punitive damages. The jury found that Ford failed Greg Allen, who is our firm’s senior to meet its own safety guidelines for the products liability lawyer, played a key role Explorer’s rollover resistance requirement in the trial. He says: IN THIS ISSUE and had covered up the vehicle’s defec- tive design. Ford should have spent money rede- I. Capitol Observations ...............2 Beasley Allen lawyers Greg Allen, LaBar- signing this dangerous SUV model II. Automobile News Of Note ...........3 ron Boone, Kendall Dunson, Stephanie rather than paying huge amounts to Monplaisir and Dan Philyaw, along with defend the cases. One expert for III. Opioid Litigation ..................4 Bill Gamble, a lawyer from Selma, repre- Ford has been paid over $75 million IV. The Talc Litigation .................6 sented Tre in this case. LaBarron, who over the last 16 years to defend Ford took the lead in the case, had this to say in accidents like this one. V. Drug Manufacturers Fraud Litigation ...8 about the outcome: The 1998 Ford Explorer has been at the VI. Purely Political News & Views ........9 center of two historic safety recalls in the Tre had the misfortune of riding in a VII. Legislative Happenings. 10 vehicle Ford knew could and did U.S. due to its defective design. The model hurt him, but the jury’s verdict will consistently failed the Consumer Union VIII. The National Scene ...............11 allow him to reclaim some level of testing because of its propensity to roll IX. The Corporate World ..............12 hope for a better future, with less over. Ford engineers had advised Ford it dependence on others. Ford failed needed to change the design, but the auto- X. Whistleblower Litigation ...........12 Tre and so many other consumers. maker refused. Instead, Ford opted to XI. Product Liability Update ...........14 The jurors in Dallas County held change the way the product was tested, XII. Mass Torts Update ................15 Ford accountable for yet another moving from a real-world setting to a com- tragedy in a decades-long saga of puter-based simulation called ADAMS. Yet, XIII. Premises Liability Update ...........18 the company’s efforts to cover up the Ford destroyed the original input and XIV. Workplace Hazards ...............18 shoddy design and its refusal to ade- output data obtained through the ADAMS quately address the problems. testing, claiming it had no scientific value XV. Transportation Litigation ...........19 and was too expensive to maintain. LaBar- XVI. Healthcare Issues ................20 In August 2015, Tre was a passenger in a ron points out: 1998 Ford Explorer traveling on a public XVII. Update On Insurance Litigation ......21 highway in Dallas County. The driver We have seen bad conduct before swerved to miss an animal that crossed in but the egregiousness of Ford’s XVIII. Toxic Tort Litigation Concerns .......23 the vehicle’s path, causing the driver to scheme to mislead the jury was stun- XIX. Update On Nursing Home Litigation ..25 lose control of the vehicle. The action is ning. Ford claimed the ADAMS data called an accident avoidance maneuver that would have proved the safety of XX. An Update On Class Action Litigation ..26 and because the Explorer’s design is prone this vehicle was destroyed because it XXI. The Consumer Corner .............28 to rolling over, especially during these had no scientific value and was too XXII. Recalls Update ...................31 types of emergencies rather than sliding expensive to maintain. We provided out like other similar vehicles perform, proof that something as basic as a XXIII. Firm Activities ...................35 the Explorer rolled over two times before $100 thumb drive could have easily XXIV. Special Recognitions ..............36 landing on the shoulder of the road, right preserved the data. side up. As the vehicle was rolling over, XXV. Favorite Bible Verses ..............37 During the trial our lawyers also Tre was knocked unconscious and his explained that in Ford’s efforts to resist XXVI. Closing Observations ..............38 spine was snapped, leaving him paralyzed. redesigning the Explorer, the automaker His life was forever changed. XXVII. Our Monthly Reminders ...........38 altered less expensive components such as XXVIII. Parting Words ...................39 2 BeasleyAllen.com II. What the jury understood is that it’s caution flags have been waved for all com- not enough to just equip a car with petitors and the general public as various AUTOMOBILE seat belts. The carmaker also has to vehicle accidents have come to light. Tesla NEWS OF NOTE make sure people can and will use Motors was the first to disclose a death them safely. from autonomous vehicle travel in 2016 after one of its Model S cars failed to Ms. Milburn filed her suit in Texas state detect an 18-wheeler crossing a highway $38 MILLION VERDICT IN TEXAS AGAINST HONDA court in December 2016. It was notewor- OVER DEFECTIVE SEAT BELT and drove straight into its trailer. More thy that neither Yusufzai nor the pickup recently, in March 2018, an autonomous truck driver were seriously injured in the A Texas state court jury has found that a Volvo SUV owned and operated by Uber crash—only Ms. Milburn was seri- Honda minivan’s seat belt system was struck and killed a pedestrian in Tempe, ously injured. poorly designed and was a reason why a Arizona. Police records indicated that the The Plaintiff is represented by Charla G. Dallas woman was left paralyzed in a roll- safety driver responsible for monitoring Aldous and Brent R. Walker of Aldous over crash. The jury awarded Sarah the vehicle was streaming a television Walker LLP and James L. Mitchell of Payne Milburn, 27, $37.6 million in damages. She show on her cell phone. Mitchell Law Group. The case is Sarah was in the third-row middle seat of a Some innovators and policy makers Milburn v. American Honda Motor Co. Honda Odyssey driven by Uber driver across the country continue to champion Inc., (case number DC-16-16470), in the Arian Yusufzai on Nov. 15, 2015, when the th open use and testing of such vehicles on 116 Civil District Court in Dallas minivan was hit by a pickup truck. Ms. public roads. Other leaders and officials County, Texas. Milburn sustained cervical injuries result- think there is not enough regulatory over- ing in quadriplegia. Source: Law360.com sight of autonomous vehicle testing and Ms. Milburn alleged in her complaint caution that government bodies don’t fully that the seat belt system in the minivan understand the current state of the tech- was defective. It was a two-part system AN UPDATE ON COMMERCIAL AUTONOMOUS nology and its limitations. Some have sug- requiring the passenger to connect a VEHICLE TravEL gested requiring that the vehicles be shoulder strap on the van’s ceiling to the painted bright colors so people can easily In December, Google parent company seat and then pull the belt across her hips identify autonomous vehicles on roads and Alphabet’s self-driving car unit Waymo and buckle it. Because of the defective better anticipate any erratic maneuvers. launched its first commercial self-driving seat belt, when the van was hit Ms. If you need more information, contact taxi service. The service, called Waymo Milburn was not safely restrained and her Dan Philyaw, a lawyer in our Atlanta One, functions similarly to other popular head flew forward into the seat in front of office, at 800-898-2034 or by email at Dan. ride-hailing apps and gives potential cus- her, causing her injuries. [email protected]. tomers rides for a price based on depar- The jury found that American Honda Sources: www.theguardian, Washington Post and ture and arrival points. Initially, the Motor Co. Inc., the company’s U.S. subsid- USA Today service has only been available to about iary, was negligent in designing the 2011 400 riders in the metro Phoenix area who Honda Odyssey seat belt system, and that were involved in the early stages of although the system complied with gov- GM TRUST SUBMITS NEW CH. 11 IGNITION Waymo’s trial program, but its cars are ernment regulations, those regulations SWITCH SETTLEMENT available for rides around the clock.