Virginia Walker drove her Ford Taurus into the side of an 18-wheeler that had pulled in front of them on Highway 59, killing herself and severely injuring her front-seat passenger, Kelleigh Falcon. It’s not clear which driver was at fault, but the resulting trial brought by Walker’s relatives and Falcon focused on the deep pocket, Lufkin Industries, who dared to manufacture a truck trailer that complied with federal safety regulations. No matter: Lufkin should have anticipated that this particular truck would need sideguards that would protect the occupants of a Ford Taurus that hit it, though such sideguards would potentially make the truck geometrically mismatch and be more dangerous to still other vehicles on the road. (Press coverage does not indicate how fast the Taurus was travelling, and whether improved underride standards would actually have protected it.) Among the evidence introduced against Lufkin: they were a member of the Truck-Trailers Manufacturers Association, which, among other things, dared to speak with legislators about the financial impacts of proposed regulations; Lufkin waited until federal regulations specified underride protection standards before installing such protection, rather than taking its own initiative and discovering that the regulations asked for something else. A Texas state jury found them about 40% liable for $38.5 million in damages; press coverage doesn’t indicate who the other 60% applies to. (Jessica Savage, “Lufkin Industries plans to appeal jury’s decision in tractor-trailer accident case”, Lufkin Daily News, Nov. 21; Ramonica Jones, “Lufkin Industries Plans to Appeal $36 Million Verdict”, KTRE-TV, Nov. 22).
Woman hits truck, sues truck-trailer manufacturer, wins millions
Virginia Walker drove her Ford Taurus into the side of an 18-wheeler that had pulled in front of them on Highway 59, killing herself and severely injuring her front-seat passenger, Kelleigh Falcon. It’s not clear which driver was at fault, but the resulting trial brought by Walker’s relatives and Falcon focused on the deep pocket, […]
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Remind anyone of the civilian aircraft industry that was run out of business by lawsuits? Regardless of who was at fault or how old the plane was the manufacturer would routinely be sued. Maybe barring postal workers from serving on juries would help?
You couldn’t be more right Amsterdamsky. That’s the reason that I no longer work in the aviation field. I’ve said it before and I’ll say it again. When does a manufacturer’s responsibility end and personal responsibility begin?