FORD ELIMINATES "ILLUSORY PARK" DEFECT AFTER VERDICTS

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).