Chesapeake Product Liability Lawyer Report – Previous Ford Windstar Fires Can Be Cited in Virginia Wrongful Death Suit
Evidence of previous fires in Ford Windstar minvans can be used in a wrongful death case over the death of a three-year-old girl from Virginia, a court has ruled.
A 4-3 decision by the Supreme Court of Virginia has implications for plaintiffs taking actions against big automakers such as Ford, and it’s one I welcome as a Chesapeake products liability lawyer.
An Albemarle County Circuit Court had earlier ruled a family from Waynesboro, VA who are suing Ford over the girl’s death, could not use evidence of other fires in Windstar vans, Virginia Lawyers Weekly reported.
The case was brought over a 2006 tragedy in which twins climbed into their parents’ Windstar in the driveway of their home. A fire broke out that claimed the life of the girl. Her father Steven Funkhouser, filed a wrongful death lawsuit against Ford.
The family wanted another seven fires in Windstars to be considered by the court. The Supreme Court decision meant four fires – the ones that were professional investigated – can be considered in the case.
A lawyer for the family suggested the ruling that broadened the evidence on which an expert can rely, may extend beyond product liability cases to other personal injury cases.
As an experienced Chesapeake wrongful death attorney, I see a number of cases in which dangerous defects have been discovered in cars.
Massive recalls have been made by the automaker Toyota over sudden acceleration problems that have been linked to deaths.