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Thursday, 05 August 2010 00:59 |
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The Third Circuit affirmed summary judgment in favor of Ford Motor Company in a lawsuit brought by Ted McCracken, a gentleman who claims that Ford is liable to him for producing a dangerous product. Auto manufacturers like Ford are frequently the target of product liability lawsuits, principally because of their deep pockets. However, Mr. McCracken's lawsuit is unique. Unlike many plaintiffs who claim that a manufacturer produced a defective product, he asserts an actual injury. He alleges that he contracted thyroid cancer as a result of driving his Ford vehicle. You see, according to Mr. McCracken, when vehicles travel at speeds in excess of 65 miles per hour, "ambient radiation" in the air increases to dangerous levels inside the cabin. Mr. McCracken claims that Ford could have prevented the dangerous condition by installing a different type of windshield that would have provided greater protection from that occurrence.
Now, if you are thinking that Mr. McCracken's theory, if true, would result in massive and widespread liability, then you are thinking along the same lines as Mr. McCracken. Prior to suing Ford he also filed twelve other lawsuits raising this same theory and naming other automobile manufacturers as defendants. In addition, he has sued energy companies that produce the gasoline that enables the vehicles to travel 65 miles per hour. Apparently none of these cases have gone very far either.
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Last Updated on Thursday, 05 August 2010 01:21 |