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SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Ford seeks summary judgment in suit alleging Escape's airbags failed to deploy

Escape

Ford Motor Company is seeking summary judgment in a suit brought by a Jefferson County woman claiming she was injured when the airbags in her Ford Escape allegedly failed to deploy during a collision.

Elizabeth Jaeger filed her suit against Ford and Kinsel Ford-Mercury on March 27, 2014 in Jefferson County District Court, citing strict tort liability.

According to the complaint, on March 12, 2013, Jaeger was operating her 2005 Ford Escape in Jefferson County. While doing so, she struck an Entergy electric pole.

"However, plaintiff's airbag failed to deploy, causing severe injuries to the plaintiff," the suit states.

"Plaintiff would further show that the subject vehicle and/or airbags were defective and/or unreasonably dangerous .. and was a producing cause of the injuries sustained by plaintiff in the collision," the suit states.

The complaint alleges Ford was negligent in its design and manufacture of the vehicle and that the "defective" and "unreasonably dangerous" nature or condition was a legal, proximate and producing cause of the plaintiff's injuries.

However, on Dec.21 Ford filed a motion for summary judgment, arguing that after nearly two years of discovery, Jaeger has failed to produce any evidence of a design defect or designate an expert to support her allegations.

The defendants are asking the court to grant the motion and any relief they might be entitle to, the motion states.

Jaeger is seeking compensation for medical expenses, loss of earnings, physical pain, mental anguish, physical impairment, physical disfigurement and mental impairment.

According to the complaint, the defendants' tortious acts constitute malice or gross negligence, making the plaintiff entitled to punitive or exemplary damages.

She is also seeking interest, attorneys' fees, costs and other equitable relief.

Sugar Land attorney Deborah Bullion of Gascoyne & Bullion represents Ford.

Jefferson County District Court Case No. E195-536

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