Trial Magazine
Verdicts & Settlements: Workplace Safety
Failure to Guard Pinch Point
January 2019David Ford, a 48-year-old truck driver, delivered car seats to a Ford Motor Co. assembly plant. The seats were taken from a pallet by a stripper machine that sent them to an overhead conveyor that took the seats to the assembly line. During the unloading process, the conveyor jammed. When Ford attempted to fix the jam, a metal hook came down from overhead and hit him, causing him to be crushed against a nearby structure. Ford suffered a dissected inferior vena cava and died eight days later. He had earned up to $40,000 annually and is survived by his wife and three adult children.
Ford’s estate sued Ford Motor Co., alleging it created an unsafe work condition by failing to remove or fully barricade a pinch point created by the overhead hook. Suit alleged that the hook should have been immobilized while Ford attempted to unjam the conveyor. The plaintiff did not claim medical expenses.
The defense argued that Ford knew or should have known he was in a dangerous position.
The jury awarded $76 million, finding David Ford 5 percent at fault. The defendant has appealed.
Citation: Ford v. Ford Motor Co., No. 2016-CYCV-00063 (Mo. Cir. Ct. Clay Cnty. Mar. 2018).
Plaintiff counsel: Michael Ketchmark, Scott McCreight, and Ben Fadler, all of Leawood, Kan.
Plaintiff experts: Franklin Darius, work site safety, Cromwell, Conn.; Judy Melinek, pathology, San Francisco; Paul English, safety, San Antonio, Texas; and Russell Davis, cardiology, Kansas City, Mo.
Defense experts: Stephen Andrew, mechanical engineering, Menlo Park, Calif.; and Joseph Sala, human factors, Philadelphia.