Posted December 1, 2009

By: Los Angeles Times

Reporting from Washington – The U.S. Supreme Court on Monday let stand a record $83-million judgment in favor of a San Diego County woman who was paralyzed when her Ford Explorer rolled over and its roof partially collapsed.

The justices rejected an appeal from lawyers for Ford Motor Co., who argued that the punitive damages were unfair and unconstitutional because the design of the sport utility vehicle met all the government and industry safety standards.

The jury had been told, however, that Ford could have strengthened the roof and possibly avoided such a catastrophic accident had it spent an extra $20 per vehicle.

The U.S. Chamber of Commerce and other business groups had joined Ford in appealing the case. They urged the justices to take a more skeptical look at the notion of juries imposing punishment on manufacturers. But without comment, the court refused to hear the appeal.

In January 2002, Benetta Buell-Wilson, a 46-year-old mother of two, was driving on Interstate 8 east of San Diego when she swerved to avoid a metal object that fell from a vehicle in front of her. Her Ford Explorer rolled four times. She sustained spinal damage.

She and her husband sued Ford, and her lawyers argued that the Explorer was dangerously prone to rollovers and its roof was defectively weak.

In 2004, a jury in San Diego handed down a verdict of $369 million in her favor, one of the largest to date against a manufacturer. About one-third of the award was to compensate her for her losses, and two-thirds was to punish Ford for its “conscious disregard” of the safety of its customers.

Both the trial judge and a California appellate court reduced the verdict. In 2006, the state appeals court set the verdict as $27.6 million in compensatory damages and $55 million in punitive damages.

In its appeal to the U.S. Supreme Court, Ford’s lawyers challenged only the punitive damages.

Posted October 25, 2009\

By Gary Taylor, Orlando Sentinel

One teenager was killed and six others injured early Saturday in a single-vehicle accident on E. Michigan Street at Center Avenue in Orlando.

Brandon Wesley Wise, 17, of Orlando, is the 22nd person to die in a traffic crash in Orlando this year, Orlando police Sgt. Barb Jones said this morning.

Wise was the driver of a 1997 Jeep sport utility vehicle involved in the crash that occurred about 1:20 a.m., Jones said.

Wise was eastbound on Michigan in the left through lane when he attempted a left turn onto Center at a high rate of speed, Jones said. The SUV overturned and came to rest in the parking lot of a business at the intersection. Wise, who was wearing a seat belt, was pronounced dead at the scene.

Passengers in the vehicle all suffered minor injuries. Jones identified them as Pablo Rodriguez, 15; Emily Aleman, 16; Kassandra Lopez, 16; Bianca Rodriguez, 16; Alexander Ortiz, 17; and Sabastian Viloria, 16, all of Orlando.

By NATASHA T. METZLER – 1 hour ago

WASHINGTON (AP) — Yamaha Motor Corp. USA recalled about 120,000 off-highway recreational vehicles for repairs Tuesday, after two models were involved in 46 deaths.

The two-passenger vehicles are designed for drivers over 16 years old with valid drivers licenses, although some reported deaths involved younger children who were passengers or who operated the vehicles against recommendations, according to the Consumer Product Safety Commission, which announced the recall.

All Rhino 450 and 660 model vehicles were recalled for repairs designed to prevent accidents that resulted in 46 deaths and hundreds of injuries. The reported deaths occurred between the fall of 2003, when the vehicles were first distributed, through this year.

More than two-thirds of the incidents were rollovers. According to the CPSC many of these involved turns on level ground at relatively slow speeds. A number of incidents also involved riders not wearing seat belts.

The repairs are designed to reduce rollover risk, as well as to improve handling and keep riders’ limbs inside the vehicles.

Rhino 450 and 660 owners should stop using these vehicles and call their local dealer to schedule an appointment for repairs. They can also receive a free helmet.

Sales of these vehicles have also been suspended for repairs.

This is the first government recall of this category of recreational vehicle.

For more details, call Yamaha at 800-962-7926.

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