Garcia v. Ford Motor Company
On July 23, 2005, a driver and 4 passengers were traveling at a very high rate of speed in a 1998 Ford Explorer on a two lane highway in Argentina, when the left rear tire delaminated. The driver lost control, and the vehicle rolled 4½ times. All occupants were ejected. The driver and one passenger sustained minor injuries. The other passengers died. Plaintiffs contended that Ford failed to warn of the Explorer's propensity to roll over and provided inadequate information about the hazards of tire failure when it notified vehicle owners of a tire recall. Plaintiffs also claimed defects in the glazing, seatbelts and door latch, all of which the court struck prior to trial. Ford argued that the Explorer was not unstable that a high rate of speed and driver error caused the loss of control and rollover and that none of the occupants were wearing their seatbelts. This case was settled just before jury deliberations after 21 days of trial.
