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Cain v. Ford

Texas
Nov 20, 2003

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Ford cleared in Waco, TX lawsuit -- Jury finds driver responsible for crash and awards $4 million to plaintiff

WACO, TX - On November 20, 2003 a Waco, Texas jury found in favor of Ford Motor Company after eight days of trial and two hours of deliberations. The unanimous jury found no defect in the stability or side glass of a 1991 Ford Ranger, as Plaintiff Shannon Cain had claimed. The jury assessed full responsibility to the driver, awarding Cain $4 million in damages.

The lawsuit stemmed from a July 5, 1997 single-vehicle crash near Waco, TX, when Wesley McNew fell asleep while driving, causing the vehicle to swerve off the two-lane highway, roll several times and eject both McNew and Cain. Both passengers were unrestrained. Although McNew was not seriously injured, 21-year-old Cain was rendered a paraplegic.

Plaintiff Cain had asked the jury to award damages in excess of $10 million and assess the lion's share against Ford.

Judge Alan Mayfield, State District Court of Waco, TX
Case #99-3964-3
Case name: Cain v. Ford Motor Company and Wesley McNew

Experts for Ford Motor Company: Donald Tandy (stability), Richard Morrison (glass) and Ken Orlowski (crashworthiness).

Experts for Cain: Tom Feaheny and Ronald Huston.

Attorneys for Ford Motor Company: Vincent Galvin, Jr., and Mark Berry of the San Jose and Los Angeles offices of Bowman and Brooke LLP, and Bryan Cross of Brown McCarroll LLP in Austin, TX.

Attorneys for Cain: Peter Tolley of Tolley, VandenBosch, Korolewicz & Brengle, P.C. Grand Rapids, MI and Linda Jenkins of Dallas, TX.

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