In a sudden acceleration lawsuit, a minivan's malfunctioning cruise control is blamed for a woman's paralysis.
By BENITA D. NEWTON
Published January 10, 2004
A St. Petersburg law firm has filed suit against Ford Motor Co. on behalf of a Bushnell woman, contending she was injured when her 1991 Ford Aerostar jumped forward on its own.
The complaint, filed by attorney Roy Glass, says the minivan, which Ford discontinued in 1997, is equipped with a faulty cruise control system. Hundreds of other sudden acceleration suits have been filed against Ford since 1985. Ford has won the vast majority.
"They've fought cases successfully by misrepresenting facts, but they're going to lose this one," Glass said. "Other companies, like GM, have had problems with this, too, but not nearly as significant or voluminous as Ford."
The accident occurred Oct. 28 as Ralph Stimpson and his wife, Peggy, were leaving their Sumter County home. After Ralph Stimpson, 58, started the car and shifted to drive, the car shot forward at full throttle into the roadway, striking a utility pole. Stimpson says that he did not press the gas pedal and that the brakes wouldn't work.
Peggy Stimpson, 55, was ejected from the vehicle and suffered paralysis, among other injuries. She was released from the hospital Friday. Her husband was not injured.
Ford of Dearborn, Mich., has been under fire for quality problems in the past few years, including rollover problems with the Explorer, the dispute over exploding Firestone tires and several recalls of the Focus, including one for a cruise control glitch.
The world's second largest automaker lost more than $6-billion in 2002 and 2001 and reported a $25-million loss in the third quarter of 2003.
Ford spokeswoman Kathleen Vokes said the company was unable to comment because management has not yet received the lawsuit. She issued a written statement citing a National Highway Traffic Safety Association report that indicated "the majority of sudden acceleration claims are actually the result of driver error and pedal misapplication."
"While we recognize the potential compatibility concerns and causes, our position is that we have never been able to cause it; no one else has ever been able to cause it; and we have never seen it in the performance of products," Vokes' statement said.
Glass said his evidence includes "boxloads" of internal Ford documents, including one obtained from a Tampa auto auction that already has been entered into evidence.
The March 1991 memo recommends a "house policy" at auto auctions of disconnecting all Aerostar speed control connectors because of "four unintended accelerations, which resulted in extensive property damage."
Glass is seeking compensatory and punitive damages, but he said his goal is to get a court order that would force Ford to recall the affected vehicles.
"This is like a time bomb," Glass said. "You don't know when it'll go off."
