$76 millionVerdict

Clay County Jury Awards $76 Million to Family of Delivery Driver Crushed by Machinery at Ford's Kansas City Assembly Plant

Verdict · Clay County Circuit Court, Missouri · 2018

After trial: Affirmed in full by the Missouri Court of Appeals, Western District, on June 25, 2019.

Won by Ketchmark & McCreight, P.C..

A Clay County, Missouri jury awarded $76 million to the family of David Ford, a 48-year-old delivery driver crushed by moving machinery while dropping off vehicle seats at Ford Motor Company's Kansas City Assembly Plant. The Missouri Court of Appeals affirmed the verdict in full in 2019.

What happened

In December 2015, David Ford was working as a delivery driver for Walkenhorst Transportation, a contractor that hauled vehicle seats to Ford Motor Company's Kansas City Assembly Plant in Claycomo, Missouri. It was his thirteenth day on the route. While he was delivering seats bound for the F-150 assembly line, a conveyor jammed. Ford entered the area near the seat stripper equipment to clear it, and the moving carrier system pinned him between a stationary guard rail and the machinery. The force of the crush was later compared at trial to a high-velocity motor vehicle accident.

The injuries were catastrophic. Ford, 48, suffered a severed inferior vena cava, multiple broken ribs, spinal fractures, and internal bleeding. He underwent open-heart surgery and died a week after the incident. He shared a surname with the automaker but had no relation to it. His wife Lisa and his sons brought a wrongful death suit against Ford Motor Company in the Circuit Court of Clay County.

The family's case was that Ford Motor knew about the dangerous pinch point in its equipment and did nothing about it. They alleged the company was negligent for failing to remove or barricade the hazard, or at minimum to warn visiting workers that it existed. Michael Ketchmark, Scott McCreight, and Ben Fadler of Ketchmark & McCreight tried the case for the family. Ford Motor denied any negligence and disputed the claim that prior incidents had occurred at the same point in the machinery.

After an eight-day trial, the jury returned its verdict on February 23, 2018. It assessed 95 percent of the fault to Ford Motor and 5 percent to David Ford, and awarded $38 million in compensatory damages plus another $38 million in damages for aggravating circumstances, a total of $76 million.

Ford Motor appealed, raising seven points. It argued the trial court should have treated Ford as a trespasser, that the pinch point was an open and obvious danger as a matter of law, that evidence of similar prior incidents should have been excluded, and that the aggravating circumstances instruction was flawed, among other claims. On June 25, 2019, the Missouri Court of Appeals for the Western District rejected every argument and affirmed the judgment in full, leaving the jury's verdict and its allocation of fault intact.

The case is Lisa Ann Ford and David Jacob Ford v. Ford Motor Company, No. WD 81832, Missouri Court of Appeals, Western District.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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