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The Ford Motor Company manufactured automobiles with a defectively
designed transmission between 1970 and 1979. This defect produced
an "illusory park" position, giving the operator the
impression that the car was secured when it was not. Vibration
or slamming of a car door could cause the automobile to move in
reverse. About 90 injuries were reported as a result of this defect.
However, not until Ford lost two verdicts did the automaker come
to grips with this hazard. In 1976, a woman put her 1973 Lincoln
in the park position and left the vehicle to load groceries. The
car suddenly moved backwards, knocking the plaintiff down and
running over her legs. A jury verdict for the plaintiff in 1979
was upheld on appeal.
In the second case, a driver who walked to the rear of her car
while it was in the park position was killed when the automobile
reversed unexpectedly. In 1979, a jury found the transmission
design was defective and that Ford had failed to properly warn
consumers of the problem. The jury awarded compensatory damages
and assessed $4 million in punitive damages. A few months after
these verdicts, Ford eliminated the "illusory park"
position hazard.
Ford Motor Co. v. Bartholomew, 297 S.E.2d 675 (Va. 1982);
Ford Motor Co. v. Nowak, 638 S.W.2d 582 (Tex. App. 1982).
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