- Ford has been penalized with a US$2.5-billion verdict over a fatal Super Duty crash in 2022
- The plaintiffs argued the truck’s roof wasn’t strong enough in a rollover crash
- The automaker also lost a US$1.7-billion suit regarding a similar crash, but it’s been rescinded and the case will go back to trial
Ford has been hit with a US$2.5-billion verdict by a jury in Georgia over the deaths of two people in a rollover crash involving their 2015 F-250 pickup truck. Reports are that it’s the highest amount ever awarded in the state’s legal system—and that Ford also holds second place in that state for a US$1.7-billion judgment for an eerily similar crash, although that one was ultimately appealed and the award amount rescinded, sending it all back to trial once again.
The US$1.7-billion verdict was for a crash that happened in 2014, with the decision handed down in August of 2022. The second crash that sparked the recent US$2.5-billion verdict coincidentally happened just a few days later on August 22, 2022.
According to the court records for the second crash, 64-year-old Debra Mills was driving the 2015 F-250 and her husband, 74-year-old Herman Mills, was in the passenger seat. The truck was travelling at 55 mph (88.5 km/h), the posted speed for the road. Following a right-hand curve, the truck left the road and went onto a grassy shoulder, and “Mrs. Mills released the accelerator but did not apply the brakes.” She sharply turned the wheel, which pointed the truck toward a telephone pole, and then she turned the wheel again. The truck hit a culvert “and went airborne.” The front of the truck “hit the ground, then the truck pitched over and landed upside down.” Debra Mills was pronounced dead at the scene, while Herman Mills was taken to hospital but died nine days later.
It was determined Debra Mills suffered a cardiac attack, which Ford’s attorneys said led to the crash. The lawsuit was brought forward by the Mills’ three sons, whose lawyers argued the roofs on 1999-through-2016 Super Duty (F-250 and F-350) trucks were “indisputably weak” compared to the roof of an F-150.
Ford argued the roof deformation did not cause the couple’s death, and that juries in other cases found that the Super Duty roofs were not defective. The automaker plans to appeal the decision.
When the U.S. National Highway Traffic Administration (NHTSA) rated the 2015 Super Duty crew cab, it gave the 4×2 version four out of five stars for rollover protection, while the 4×4 model received three stars (the 2022 F-150 rated four stars). The 2022 F-250 crew cab, the most recent Super Duty model rated by NHTSA, received the same scores. Ford released an all-new Super Duty for 2023, but so far it hasn’t been rated. The Insurance Institute for Highway Safety (IIHS) doesn’t crash-test heavy-duty trucks.
In its verdict, the jury said that Ford was 85% at fault for the Mills’ deaths, with Debra Mills responsible for the remaining 15% of fault. The jury awarded US$30.5 million in compensatory damages – which would cover the deaths and damage – while the remainder of the US$2.5 billion is punitive damages. These can be awarded when judgment goes against a defendant (Ford, in this case) considered to have been negligent, and the compensatory damages aren’t deemed high enough as punishment.
In the previous US$1.7-billion verdict, Melvin and Voncile Hill died when their 2002 F-250 blew a tire and the truck rolled over. The jury in that case found Ford 70% at fault, and US$24 million of the award was for compensatory damages.
Ford appealed the decision, and in November 2024 the US$1.7-billion verdict was wiped out by appellate judges who ruled the automaker was “improperly sanctioned” in the first trial and unable to argue that it was not liable in the deaths—including Ford’s argument the Hills were not wearing their seatbelts properly. In the second trial, the jury also assigned 30% of blame to auto parts retailer Pep Boys, saying the store’s repair shop put the wrong tire on the truck. Ford and the plaintiffs will now go back into court for a third trial in this case.
Georgia doesn’t have a cap on punitive damages in product liability suits; but because the amount is considered strictly a punishment for the company found at fault, the state keeps 75% of the amount awarded. The remaining 25%, plus any compensatory damages, goes to the plaintiffs and their attorneys. The state’s governor, Brian Kemp, is trying to overhaul the state’s legal system, including reducing the amount juries can award, along with limits on certain lawsuits such as allowing juries in some cases to consider seatbelt use when awarding damages.
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