Beyrouty v. Ford Motor Company
Injury to passenger riding in cargo area. A 1997 Mercury Mountaineer was towing a trailer while traveling between 50 and 60 mph on an interstate highway under rainy conditions. The trailer began to sway, causing the Mountaineer to turn 180°, then roll ¼ turn onto the driver's side. The driver’s daughter, who was riding in the cargo area of the vehicle, landed on the shattered glass, sustaining injuries that required surgery on her ankle. The plaintiffs alleged that a warning in the owner’s guide that stated that the vehicle should not exceed 55 mph while towing a trailer should have been stronger and highlighted. The plaintiff contended that the warning should have included language notifying the driver of the consequences of serious injury or death and should also have been embossed on the rear bumper. Key testimony obtained by the defense was the plaintiff's admission that he had read all of the highlighted warnings in the owner's manual, one of which was that death or serious injury could result to a passenger riding in the cargo area. The jury did not find his contention that he did not know that his daughter was riding in the cargo area to be credible. Also, about four minutes before the accident, the driver’s wife had become concerned that the trailer and vehicle were swaying. The driver gained control of the vehicle, but did not slow down. The jury found that although the warning was inadequate, the driver was driving too fast under the conditions and that he would not have heeded a stronger warning.
