Products Liability Law Reporter

A federal district court held that during consideration of punitive damages, plaintiffs in a defective roof design suit may offer evidence of Ford Motor Co.’s net worth and its profits from the sale of the F-250 Super Duty truck.

In a defective roof design suit against Ford Motor Co., the defendant moved to exclude evidence of its net worth and profits from the sale of the Ford F-250 Super Duty truck, were the jury to find that punitive damages were warranted. Denying the motion, the district court noted that the Georgia Supreme Court has ruled that several factors may be considered in setting the amount of punitive damages in a case, including the profitability of the defendant’s wrongdoing and the defendant’s financial circumstances. The court noted that the defense failed to offer any binding authority under Georgia law establishing that it would be erroneous to admit evidence of a defendant’s net worth on a claim for punitive damages. Citing case law, the court added that the amount of a civil penalty may impact wrongdoers differently, depending on their wealth. Consequently, the court declined to exclude evidence of Ford’s net worth for the purpose of allowing the jury to determine punitive damages.

Turning to the issue of net profits, the court noted that under Georgia law, a factor to consider in setting punitive damages is the profitability of the defendant’s wrongdoing. The issue of reprehensibility, the court added, is the most important factor related to the reasonableness of a punitive damages award. Thus, the court concluded that evidence of Ford’s total profits from the sale of F-250 Super Duty trucks may be admitted because it is relevant to the reprehensibility of Ford’s conduct. The court noted that it would impose a limiting instruction so that the jury understands it may not punish Ford for harm to anyone but the plaintiffs’ decedents.

In denying the defendant’s motion, the court concluded that its ruling applied to any evidence the plaintiffs sought to admit through an expert.

Citation: Brogdon v. Ford Motor Co., 2025 WL 439818 (M.D. Ga. Feb. 8, 2025).

Plaintiff counsel: Allison Brennan Bailey, Larae D. Moore, Ramsey B. Prather, and James Butler Jr., all of Columbus, Ga.; and Daniel E. Philyaw, Frank Lowrey IV, and AAJ member Michael B. Terry, all of Atlanta.