Vested Interest - Tort Briefs- July 2005 Issue

Ford Liable in Fatal Car Fire

An Illinois jury recently ordered Ford Motor Co. to pay the family of a man who was killed when the gas tank in his Lincoln Town Car burst into flames, even though the fire was caused by a driver who rear-ended the car at 65 mph. Ford argued it was prevented from putting on evidence of the car’s safety and the other driver’s responsibility for the accident. The company released a statement vowing to appeal and saying the verdict "created" laws unfavorable to Ford. Plaintiffs’ attorneys argued Ford was responsible for the injuries because it designed the 1993 Town Car unsafely, with the fuel tank positioned behind the rear axle; failed to retrofit the car with a gas tank shield; and failed to warn owners of the dangers, even though it had warned police officers of similar dangers. (ATLA Law News Digest – June 9, 2005)

Lilly to Pay in Drug Suits

Eli Lilly & Company said it had agreed to pay $690 million to settle about 8,000 lawsuits filed by people who developed diabetes and other diseases after taking Zyprexa, a medication for schizophrenia and bipolar disorder that is Lilly’s biggest-selling drug. The settlement will cover 75 percent of all the Zyprexa-related suits against Lilly in the U.S. It will continue to defend the other cases. The settlement covers both state and federal cases. (ATLA Law News Digest – June 16, 2005)

Airline Can’t Be Sued for Actions of Passenger Who Got Drunk

The Georgia Supreme Court threw out a suit seeking to hold Delta Air Lines responsible for a passenger who got drunk on a flight and then was involved in a traffic accident on the way home from the airport. In a 6-1 decision, the court said an airline has no control over passengers once they deplane. (ATLA Law News Digest – June 23, 2005)

Ford Not Liable in Trooper Death

A Missouri jury found that Ford Motor Company was not liable in a crash that killed a highway patrol trooper who burned to death when his Crown Victoria police cruiser was struck from behind. The case stemmed from a May 2003 accident in which a Ford 350 pickup hauling a trailer slammed into a parked police cruiser as the trooper wrote a ticket. Ford attorneys argued the accident could have caused a fire in any car. The jury agreed and put the entire blame on the company whose driver rear-ended the Crown Victoria. (ATLA Law News Digest – June 23, 2005)

Settlement in Maryville Suicide

Relatives of a 14-year-old girl who hanged herself at Maryville Academy are set to receive a settlement from the child-welfare institution and others linked to the tragedy. Maryville tried to keep the settlement confidential but relented after the Chicago Daily Herald intervened in court to make the terms public. Maryville workers failed to properly supervise the girl and accurately report signs of suicidal behavior. She hanged herself when allowed to enter a bathroom alone. The girl’s case drew attention after it was learned that a Maryville staffer, with the consent of the lawyer, wrote two versions of a state-mandated report about events leading up to her death. (Chicago Sun-Times – June 29, 2005)

Adventist La Grange Memorial Agrees to Med Mal Settlement

Adventist La Grange Memorial Hospital has agreed to a settlement in a medical malpractice case for their failure to diagnose a spinal infection that left a man paralyzed. The 38-year-old postal worker developed the infection two weeks after a successful surgery at Loyola University Medical Center. The man’s primary care doctor had him hospitalized at La Grange Memorial when he complained of severe back pain, but she failed to diagnose progressive neurological problems consistent with a spinal abscess. (Chicago Sun-Times – June 29, 2005)