This gruesome case demonstrates what a family goes through when they file a wrongful death lawsuit on behalf of a deceased family member.
This reported case involved the wrongful death of a man by a defective car jack. To be more precise, a scissors car jack that was woefully inadequate in holding up the weight of the car the man was working on. The jack gave way and the vehicle landed on the man’s head, crushing it instantly.
The family chose to file a wrongful death lawsuit against Ford Motor Company for making a defective jack that could not bear the weight of the vehicle. The case told a heartbreaking story of their husband and father, attempting to make repairs to the family Ford Windstar minivan. He used the scissors jack, an original piece of equipment that was made to go with the van. He was working on the right side of the van to remove the right front tire.
He was a careful guy and took the time to put chocks behind each tire, made sure the van was on a flat surface and put the jack in precisely the location indicated in the vehicle manual. The jack failed, dropping the van on his head. The lawsuit stated that Ford, the defendant, was negligent, had sold a defective product, and was accused of a manufacturing defect, design defect, marketing defect, misrepresentation and breach of implied warranty of merchantability.
The suit also contended the scissors jacks that came with the vehicles were badly constructed, far too short and were not capable of lifting the weight of the van. The lawsuit asks for damages for the deceased’s physical impairment as a result of the van dropping on his head, for the sheer agony he endured, the mental anguish he felt, the medical bills, the death expenses and funeral costs. As a family they are seeking damages for pain and suffering, loss of income, loss of consortium, mental anguish and court costs plus interest.
Will the family win this case? There is a good chance they will, given the nature of the evidence. If there is further proof that the jack sold with the van was defective, the jury will likely award the family a decent settlement. This wrongful death lawsuit will not be easy for the family, who saw what happened the day of the accident. They fought back the horror of the injuries to help their husband and dad, realizing that he was in serious trouble. Despite their hopes, he did not survive this horrific trauma. His family now needs financial compensation to be able to move forward with their lives.
Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.