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Ford Motor Co. has asked a Georgia federal court to throw out a bid for punitive damages in a wrongful death lawsuit brought by the children of a couple who died in a rollover crash involving a 2015 Ford F-250 Super Duty pickup truck. The automaker argues that a previous $1.7 billion verdict involving a similar claim bars further punitive damages under Georgia law.

Ford Rollover Suit Hearing : Ford's Argument Against Punitive Damages

In a motion for partial summary judgment filed on Thursday, Ford contends that Georgia law only allows for one punitive damages award for a particular act or omission in product liability cases. Since the automaker was already hit with punitive damages in a prior case over the same allegedly defective roof design, Ford argues that James Edward Brogdon Jr.'s claims for additional punitive damages should be dismissed.

Ford further asserts that allowing the case to proceed with the punitive damages claim would prejudice the automaker, especially given that it is currently appealing the previous $1.7 billion verdict. The company argues that there is no evidence showing that it acted with "conscious indifference" to the risks posed by its truck roofs.

The automaker also pointed out its ongoing collaboration with the National Highway Traffic Safety Administration and continuous testing to improve vehicle safety, which it says demonstrates a commitment to preventing injuries in rollover crashes.

Specific Claims Challenged by Ford

In addition to challenging the punitive damages claim, Ford has filed another motion for summary judgment targeting specific claims related to Brogdon's mother, Debra Sue Mills. Ford argues that all evidence suggests Mills died of a cardiac event, not from any defect in the vehicle's roof. The company contends that there is no proof that the roof's condition caused her death by positional asphyxiation, as alleged by the plaintiffs.

Ford is also seeking to dismiss claims for damages related to Debra Mills' pre-impact mental suffering and post-impact pain and suffering, arguing that there is no evidence she was conscious after the crash. Eyewitnesses reportedly testified that Mills showed no signs of conscious movement and had a faint pulse after the accident, with some believing she was already deceased when paramedics arrived.

Additionally, Ford asked the court to dismiss the plaintiffs' failure-to-warn claim, labeling it a duplicate of the design defect claim. The automaker argued that the plaintiffs failed to show how any specific warning could have prevented the crash or the resulting injuries.

Background of the Case

Brogdon Jr. and his siblings filed the lawsuit in May 2023, holding Ford liable for the deaths of their parents, Debra Sue Mills and Herman Edwin Mills, after the roof of their truck collapsed during a rollover crash. The complaint alleges that Ford knew for two decades that the roofs of Super Duty trucks built between 1999 and 2016 were dangerously weak and defective. This case follows a record-setting $1.7 billion verdict in a similar lawsuit brought by Kim and Adam Hill, whose parents died when the roof of their Ford Super Duty truck failed in a 2014 crash.