SACRAMENTO, Calif.--(BUSINESS WIRE)--After seven weeks of testimony and five days of deliberation a California jury returned a verdict for the Tony Mauro family, represented by Roger A. Dreyer of the Dreyer Babich Buccola and Wood law firm, of over $70 million with compensatory damages for the Mauro family in the amount of $17.5 million. This wrongful death verdict exceeded the previous wrongful death verdict in Sacramento County which was obtained by Mr. Dreyer in 2009 in the Jennifer Strange wrongful death matter involving the highly publicized “hold your wee for a Wii" water intoxication death. It is also the largest verdict in an automotive product case this year.
On November 10, 2011 a jury determined that Ford Motor Company’s conduct was despicable in the handling of a Tire Replacement Program conducted by Goodyear in 2002. The jury determined that Ford, which had information relative to the defective tire from the tire manufacturer, Goodyear, failed to provide information to its customer base and owners of E-350 Econoline 15 Passenger Vans. The jury determined that their conduct was such a breach of their responsibility and duty as a manufacturer that they were subject to an award of punitive damages in the amount of $50 million.
“A manufacturer cannot have information that deals with the very fabric of human life, of being alive or being dead, and keep that information to themselves,” Roger Dreyer stated after the verdict. “When corporate arrogance is so clearly palpable in a case like this, there is no excuse for them not providing that information."
On April 9, 2004, an E-350 15 Passenger Van owned by the Fair Oaks Presbyterian Church suffered a catastrophic right-rear tire tread separation that resulted in the vehicle going out of control, rolling over four times and killing its driver, Bill Brownell, and its front-seat passenger, Tony Mauro.
The evidence developed though the course of discovery, by the efforts Mr. Dreyer and Mr. Bale with the tremendous assistance by Christine Spagnoli of Greene, Broillet & Wheeler law firm, that the National Highway Traffic and Safety Administration (NHTSA) determined that large vans, like the Ford E-350 15 passenger van, were disproportionately involved in fatal rollover crashes following a tread separation of a rear tire. After NHTSA opened a defect investigation into the Load Range E tires in November, 2000, Goodyear agreed to replace the older model tires that had been installed on 15 passenger vans with its new design that included a nylon overlay. Goodyear made this determination in the late 1990s and ultimately stopped construction of the 4-ply Goodyear Load Range E Tire in 1999.
Ford Motor Company stopped utilizing this tire because of its failures in 2000 and all new models of E-350 Econoline Vans were provided with the new 6-ply constructed Goodyear tires. Despite Ford’s knowledge of the investigation by NHTSA, the change in construction by Goodyear, and their determination to take the 4-ply tires off of their Vans, Ford never communicated this information to its customer base, its owners of 15 Passenger Vans, or to its dealerships.
In February of 2002, more than two years before the death of Tony Mauro, Ford was informed by Goodyear and NHTSA that they had entered into an agreement to perform a Voluntary Replacement Program of these particular 4-ply Goodyear Load Range E Tires. They specifically asked Ford to provide them with the names of owners of 15 Passenger Vans so that they could contact them.
At no time did Ford Motor Company ever communicate to its dealers of the defective tire and the need to get it off of these 15 Passenger Vans. The Fair Oaks Presbyterian Church’s 15 Passenger Van had on its right rear the precise defective Goodyear Load Range E 4-ply tire that ultimately failed. This tire had been installed on the subject van in the late 90s prior to the change in construction by Goodyear and before Ford went to the 6-ply tires on its new models in 2000.
During the course of trial, Ford’s representatives testified that they did not notify their dealers or the consumers because they viewed it as a “Goodyear campaign” and that they were never specifically asked by Goodyear or the government to notify their customers of this defective tire on the 15 Passenger Vans.
The jury, in its deliberations and ultimate verdict, determined that the conduct of Ford Motor Company was despicable and ultimately decided that an appropriate award of $50 million against Ford would, hopefully, educate them on their failure to their consumer base. Read the full story and see video of the Ford representative testifying at www.dbbwlaw.com/ford. This is a Sacramento Superior Court Case; Case number 06AS01246.
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