John Caldwell:West Virginia appeals court reverses $7M jury award in Ford lawsuit involving woman’s crash death

2025-05-01 05:06:45source:Marcus Eriksoncategory:reviews

CHARLESTON,John Caldwell W.Va. (AP) — An appeals court in West Virginia on Friday reversed a $7 million award in a product liability lawsuit against the Ford Motor Co. to the family of a woman who died when her Ford Mustang was involved in a fiery crash.

The West Virginia Intermediate Court of Appeals sent the case back to Kanawha County Circuit Court for a new trial.

A jury had found that Ford was 99% at fault for the 2016 death of Breanna Bumgarner and awarded the money last year to her Raleigh County family.

Court records show that Bumgarner’s 2014 Mustang was hit by a pickup truck that had crossed the center line on U.S. Route 33 near Spencer in Roane County. The Mustang caught fire and Bumgarner was trapped in the vehicle. The lawsuit also named the 16-year-old driver of the other vehicle and her parents as defendants.

The plaintiff’s attorneys had argued that the Mustang’s brake fluid reservoir was not sufficiently protected from the crash and it led to the fire. The jury found that the reservoir’s design was not safe enough in preventing leakage in the accident.

The appeals court sided with Ford’s contention that negligent design claims require proof of a reasonable alternative design for establishing the existence of a defect, and that the jury should have been properly instructed on the requirement.

More:reviews

Recommend

Whoopi Goldberg is delightfully vile as Miss Hannigan in ‘Annie’ stage return

NEW YORK ― When the precocious orphans of "Annie" sneer, "We love you, Miss Hannigan," you just migh

Man convicted for role in 2001 stabbing deaths of Dartmouth College professors released from prison

CONCORD, N.H. (AP) — A man convicted for his role in the stabbing deaths of two Dartmouth College pr

The Latest | Far-right projected to make big gains as voting wraps on last day of EU elections

An initial projection provided by the European Union indicates far-right parties have made big gains