Florida Verdicts

Amount:

$53,000,000

Type:

Verdict-Plaintiff

State:

Florida

Venue:

Hillsborough County

Court:

Hillsborough County Circuit Court, 13th

Injury Type(s):

Case Type:

Products Liability – SUVMotor Vehicle – Seat Belt, Single VehicleProducts Liability – Design Defect, Manufacturing Defect

Case Name:

Eileen Robinson and Todd Robinson v. Ford Motor Company

Date:

June 12, 2013

Plaintiff(s):

Todd Robinson (Male, 28 Years), 

Eileen Robinson (Female, 28 Years)

Plaintiff Attorney(s):

R. Gene Odom;
Martinez-Odom Law Group;
Brandon,
FL,
for
Todd Robinson, Eileen Robinson ■ Elizabeth A. Zwibel;
Romano Law Group;
Lake Worth,
FL,
for
Todd Robinson, Eileen Robinson ■ Celene H. Humphries;
Brannock & Humphries;
Tampa,
FL,
for
Todd Robinson, Eileen Robinson ■ John Romano;
Romano Law Group;
Lake Worth,
FL,
for
Todd Robinson, Eileen Robinson ■ Geoffrey Schosheim;
Romano Law Group;
Lake Worth,
FL,
for
Todd Robinson, Eileen Robinson

Plaintiff Expert(s):

John Merritt M.D.;
Physical Medicine;
Tampa,
FL called by:
Todd Robinson, Eileen Robinson ■ Mark Pozzi ;
Car Seats;
Edgewood,
NM called by:
Todd Robinson, Eileen Robinson ■ Todd Saczalski ;
Accident Reconstruction;
Sedona,
CA called by:
Todd Robinson, Eileen Robinson ■ Brian Benda Ph.D.;
Biomechanical;
Penns Park,
PA called by:
Todd Robinson, Eileen Robinson ■ Frank Fore P.E.;
Accident Reconstruction;
Tequesta,
FL called by:
Todd Robinson, Eileen Robinson ■ Gerri Pennachio M.A.;
Vocational Rehabilitation;
Lakeland,
FL called by:
Todd Robinson, Eileen Robinson ■ Brenda Mulder Ph.D.;
Economics;
Tampa,
FL called by:
Todd Robinson, Eileen Robinson ■ Walter Afield M.D.;
Neuropsychology;
Tampa,
FL called by:
Todd Robinson, Eileen Robinson ■ Michael Foley M.D.;
Radiology;
Brandon,
FL called by:
Todd Robinson, Eileen Robinson

Defendant(s):

Ford Motor Co.

Defense Attorney(s):

Francis M. McDonald Jr.;
McDonald Toole Wiggins, P.A.;
Orlando,
FL,
for
Ford Motor Co. ■ Jaret J. Fuente;
Carlton Fields;
Tampa,
FL,
for
Ford Motor Co. ■ Joseph H. Lang Jr.;
Carlton Fields;
Tampa,
FL,
for
Ford Motor Co.

Defendent Expert(s):

Todd Hoover Accident Reconstruction;
Magnolia,
TX for
Ford Motor Co. ■ David Viano Car Seats;
Bloomfield Hills,
MI for
Ford Motor Co. ■ Roger Burnett Car Design;
Dearborn,
MI for
Ford Motor Co. ■ Jeffrey Wirth Seat Belts;
San Antonio,
TX for
Ford Motor Co. ■ Elizabeth Raphael Biomechanical;
Palo Alto,
CA for
Ford Motor Co.

Insurer(s):

Self-insured

On June 23, 2002, plaintiff Eileen Robinson, 28, a schoolteacher, was a passenger in the back-center seat of a 1997 Ford Explorer being driven on I-75 near Lake City by her husband, plaintiff Todd Robinson, 28, a software engineer. Eileen was sitting next to their 5-month-old son. She claimed she was seat-belted and the infant was in his car seat. At approximately 7 p.m., just after it had stopped raining, the vehicle began hydroplaning and crashed into a guardrail. During the crash, Eileen was ejected headfirst out of the rear windshield of the vehicle. She sustained a traumatic brain injury and other serious injuries. Todd Robinson and the boy did not claim injuries. Todd and Eileen Robinson brought a products liability claim against Ford Motor Co., alleging the company defectively designed and manufactured the rear seat back and seat belt, and that the vehicle itself was defectively designed. The Robinsons contended that both the seat belt and seat back failed during the crash, causing Eileen to be ejected headfirst out of the rear windshield. The plaintiffs’ biomechanical and seat belt/back experts testified that the seat belt in the subject vehicle was defectively designed and manufactured, in that the backloading of the seat belt caused the belt itself to become inertially unlatched. The experts further testified that the seat back was defectively designed and manufactured, in such a way that it rested on the seat-belt buckle and wasn’t properly secured to the vehicle, making it more susceptible to fail and causing Eileen Robinson to be ejected from the vehicle. The plaintiffs’ accident reconstruction expert testified that a reconstruction of the initial stage of the accident, from the time the vehicle began hydroplaning until it crashed into the guardrail, showed that the Explorer’s center of gravity was too far forward, causing the vehicle to be unstable. Ford contended that the subject vehicle and its components were neither defectively designed nor manufactured. The company claimed that Todd Robinson wasn’t driving appropriately for the road and weather conditions, and further argued that Eileen Robinson was not wearing her seat belt at the time of the accident.

Eileen Robinson was taken by medical helicopter to the emergency room from the scene of the accident. She was diagnosed with a traumatic brain injury, and had a Glasgow Coma Scale of 6. She also sustained a sheer and traumatic axonal injury; lacerations to her forehead (stellate), back of her head, and right upper extremity; bilateral pulmonary contusions; intracranial hemorrhages; multiple bodily abrasions; brain stem trauma, a partial tear of her left anterior cruciate ligament; and a large wound/nerve damage of her right thigh. On June 18, 2003, Eileen underwent a surgical release of her left ulnar and median nerves. She developed vision impairment, and underwent surgery to repair uneven pupils on July 19, 2007. She has undergone extensive physical therapy and rehabilitation since the accident, and has also undergone treatment for significant cognitive impairments, speech difficulty and hearing loss. The plaintiff’s expert neuroradiologist described Eileen’s accelerated neurological deterioration (atrophy), with potential for early onset of dementia, Alzheimer’s disease and Parkinson’s disease. Eileen claimed she is now more prone to falling, due to gait impairment, ataxia, impulsivity and degenerating knees, which cause constant pain and discomfort. She claimed she has to walk with a cane, and will never return to work as a schoolteacher due to her deteriorating condition. She sought lifetime rehabilitation treatment and future care. Eileen claimed $520,000 in past medical costs, and sought $8.9 million to $12.6 million in future medical treatment. She and her husband asked the jury for $89 million in total damages, which included her pain and suffering and Todd’s consortium claim. Ford did not seriously argue the severity of Eileen Robinson’s injuries and condition, but disputed all of the necessary future treatment and care claimed by the plaintiffs.

The jury found Ford strictly liable for all claims made by the Robinsons. It determined that their damages totaled $53 million.

Eileen Robinson$10,000,000 Personal Injury: medical costs$1,703,000 Personal Injury: lost earnings capacity$38,297,000 Personal Injury: pain & sufferingTodd Robinson$3,000,000 Personal Injury: loss of consortium

Judge:

Christopher C. Sabella

Trial Length:

3
 weeks

Trial Deliberations:

6.5
 hours

Jury Vote:

6-0

Jury Composition:

5 male/ 1 female

Post Trial:

Defense counsel filed a motion for a new trial.

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.