Products Liability Law Reporter

Farmer Melvin Hill was driving a 2002 Ford F-250 Super Duty pickup truck on his way to pick up a tractor part. Suddenly, the pickup’s right front tire suffered a catastrophic tread-belt separation, causing it to explode. The pickup left the roadway and rolled over, during which its roof collapsed. Hill and his wife, Voncile, who was a front-seat passenger, suffered fatal neck injuries. They are survived by their two children.

They sued Ford Motor Co., alleging that the pickup was defectively designed and dangerously weak. The plaintiffs asserted that the vehicle’s roof was susceptible to collapse or crush in a foreseeable rollover and that the defendant—which had actual knowledge of the dangers—failed to warn members of the public. Had the defective roof not crushed down, the plaintiffs asserted, the Hills would have survived the crash.

The plaintiffs also claimed that Pep Boys—Manny, Moe & Jack (Inc.), which sold the tire to the Hills, installed a tire with an incorrect load range.

Pep Boys filed a consent judgment, accepting responsibility for causing the incident and for the Hills’ non-fatal injuries. The jury awarded $24 million in compensatory damages, finding Pep Boys 30% at fault. The jury also awarded $1.7 billion in punitive damages.

Citation: Hill v. Ford Motor Co., No. 16C04179S2 (Ga. St. Ct. Gwinnett Cty. Aug. 19, 2022).

Plaintiff counsel: AAJ members James E. Butler and Daniel Philyaw, both of Columbus, Ga.; Gerald Davidson Jr., Lawrenceville, Ga.; and Michael Terry and Laurie Ann Taylor, both of Atlanta.