The New Jersey Court of Appeals affirmed a finding by a jury that the throttle in a 1997 Ford Explorer was defective. The jury awarded more than $8 million to Rebekah Zakrocki who was injured when her gas pedal stuck causing her Ford Explorer to roll over on the Garden State Parkway. Zakrocki's right hand was nearly torn from her body during the roll over. The force of the collision caused her right arm to be paralyzed.
Zakrocki's trial against Ford was in March of 2007. The Middlesex County jury found that the throttles in the 1997 Explorer was defective and that Ford failed to warn of the dangers of its throttles. The jury awarded $10.6 million in compensatory damages but found that Zakrocki was twenty-eight percent at fault for the accident. Under New Jersey law, the total verdict was reduced to approximately $8 million.
During the trial, it was found that Ford had more than 59,000 complaints about its throttles in 1997-1998 Ford Explorers. The fact that Ford recalled its throttle body months after Zakrocki's accident was excluded by the trial court at Ford's request. In fact, Zakrocki received the letter recalling her Explorer while in the hospital recovering from her injuries.
The three judge panel found that the jury "had sufficient evidence to conclude that Ford knowingly and wantonly disregarded a high probability of injury when the throttle sticks while the [Explorer] engine is warm."
"This was the right decision. The trial lasted more than four weeks and the jury heard countless hours of testimony from both sides," stated Stephen Lowry, one of the lawyers for Zakrocki. "The Court of Appeals did not want to disturb a verdict where the jury heard and saw so much evidence."
"I don't know what Ford plans to do at this point but its only option is to petition the New Jersey Supreme Court," said Barry Eichen, another lawyer for Zakrocki.
"Despite the findings of the jury and the decision of the Court of Appeals, it is doubtful that Ford will take responsibility for its vehicle," said Lowry.
"Rebekah is grateful for the holding of the Court of Appeals, she has been waiting almost nine years to get justice with the Ford Motor Company," Eichen stated. "She is willing to see this case all the way through."
Zakrocki's accident happened in November 2000. Ford recalled the throttles in the Explorers in April 2001. It was contended in the case that Ford had knowledge of the problem with its throttles since 1996 but took no action before Zakrocki's accident in November 2000.
For more information, please visit our web sites at www.hpllegal.com for Harris Penn & Lowry, LLP or www.eichenlevinson.com for Eichen Levinson & Crutchlow.
Article provided by Harris Penn & Lowry LLP www.hpllegal.com
