Ford Focus lawsuit over driver’s death reinstated
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A federal appeals court has reinstated a products liability lawsuit case filed by a widow whose husband was allegedly killed because of a defective steering system in his 2012 Ford Focus.
Daniel A. Jackson, the husband of Victoria A. Jackson, died in May 2014 when, without warning, his 2012 Ford Focus darted across the center line into oncoming traffic and was struck head-on by a tow truck, according to Tuesday’s ruling by the 6th U.S. Circuit Court of Appeals in Cincinnati in Victoria A. Jackson et al. v. Ford Motor Co.
Ms. Jackson, who had married Mr. Jackson 38 days before the accident, according to court papers, suffered serious and permanent injuries in the incident.
Ms. Jackson filed suit against Dearborn, Michigan-based Ford, charging the loss of control that lead to the accident had been caused by the Ford Focus’ defective “electronic power assisted steering” system.
The U.S. District Court in Jackson, Tennessee dismissed the case, holding Ms. Jackson had failed to explain how any of the steering system’s alleged defects caused Mr. Jackson’s car to suddenly veer into another lane of oncoming traffic.
A unanimous three-judge appeals court panel reinstated the case. “We conclude that Jackson has plausibly alleged” that a steering system defect “was a substantial factor” in causing the accident, said the ruling.
“This is apparent from the litany of other accidents identified by Jackson,” where the steering system allegedly failed and caused the driver to lose control, it said. In addition, the loss of control caused by a defective steering system is “plainly consistent” with the car darting across the center lane into oncoming traffic, the ruling said.
“Finally, that the accident could have reasonably been foreseen by a person of ordinary intelligence and prudence is apparent from the defect” in the steering system, said the panel, in reinstating the case and remanding it for further proceedings.
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