Russell v. Ford Motor Co.

960 So. 2d 495, 2006 WL 2947874
CourtCourt of Appeals of Mississippi
DecidedOctober 17, 2006
Docket2005-CA-01299-COA
StatusPublished
Cited by2 cases

This text of 960 So. 2d 495 (Russell v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. Ford Motor Co., 960 So. 2d 495, 2006 WL 2947874 (Mich. Ct. App. 2006).

Opinion

960 So.2d 495 (2006)

Earnestine RUSSELL, Individually and On Behalf of the Wrongful Death Beneficiaries of Dennis E. Wilson, Deceased; and George Jean Hayes, Individually and on Behalf of the Wrongful Death Beneficiaries of Mario Hayes, Deceased, Appellants,
v.
FORD MOTOR COMPANY, Appellee.

No. 2005-CA-01299-COA.

Court of Appeals of Mississippi.

October 17, 2006.
Rehearing Denied April 17, 2007.

*496 Sara Bailey Russo, Deborah McDonald, David M. Read, Clarksdale, attorneys for appellants.

J. Stephen Kennedy, Bradley S. Clanton, Walker (Bill) Jones, Barry W. Ford, Jackson, attorneys for appellee.

Before Lee, P.J., CHANDLER, and ROBERTS, JJ.

LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On February 24, 2002, Dennis Wilson and Mario Hayes were killed in a car accident on County Road 168 near Louin, Mississippi. Wilson lost control of his vehicle, *497 and the vehicle struck a tree after running off the road. The airbags in Wilson's 1996 Ford Taurus did not deploy. A post-accident inspection revealed that the Taurus had no driver's side airbag and the passenger's side airbag was electronically detached and inoperable.

¶ 2. The Taurus had been previously owned by Carolyn Chestnutt, who bought the vehicle new on October 3, 1996. On March 17, 1997, Chestnutt rear-ended another vehicle, and both airbags properly deployed. In a deposition she testified that she did not have the airbags reinstalled. Instead she stuffed the driver's side airbag back into the steering wheel and taped it with duct tape. Chestnutt also stuffed the passenger's side airbag back into its compartment and clamped the cover back onto the dash. Chestnutt testified that the airbag warning light stayed illuminated after the wreck for the four remaining years she owned the vehicle. After falling behind on her payments under her bankruptcy plan, Chestnutt voluntarily relinquished ownership of the Taurus in February of 2001 to Ford Motor Credit Company (FMCC), which had financed the purchase of the vehicle.

¶ 3. FMCC took possession of the Taurus and then turned it over to Ford Motor Company (Ford) for sale at the Mississippi Auto Auction (Auction). FMCC did not perform or direct anyone to perform any work or repairs on the subject vehicle. Any repairs that would have been performed on the Taurus would have been determined by Ford's area manager, Sherman Henderson. Henderson decided what repairs would be performed on each Ford vehicle that came through the Auction, in addition to approving the sale of vehicles during the auction process. Henderson based his decision on the condition reports prepared by Auction inspectors and on his own inspection of the car. If he found something worthy of repair, then he ordered the Auction to perform the work. The condition report prepared for the Taurus contained a legible notation stating "airbags deployed." Henderson did not make the determination about whether to repair the Taurus. The Auction decided not to make any repairs to the Taurus. It was merely washed, vacuumed, and given three dollars worth of gasoline. FMCC was charged for the inspection, cleanup, and addition of gas to the vehicle.

¶ 4. Willie Overby, owner of Easy Ride Auto Sales, purchased the Taurus from the Auction on March 12, 2001.[1] The auctioneer mentioned that the vehicle had frame damage and "airbag deployed" was written on the windshield of the vehicle. The bill of sale also contained notations about the frame damage and the deployment of the airbags. A sticky residue was still on the steering wheel from the duct tape Chestnutt had used. Overby then sold the vehicle to Wilson on June 2, 2001.

¶ 5. On December 30, 2002, Earnestine Russell (Russell), individually and on behalf of the wrongful death beneficiaries of Wilson, filed suit in the Circuit Court of the Second Judicial District of Jasper County against Ford and Overby. George Jean Hayes (Hayes), individually and on behalf of the wrongful death beneficiaries of Mario Hayes, filed suit on the same day against Ford, Overby, and the estate of Wilson.

¶ 6. In their complaints Russell and Hayes asserted claims of strict liability, negligence, negligent misrepresentation, breach of implied warranties and gross negligence against Ford and Overby. The plaintiffs sought to hold Ford liable only for its conduct prior to the sale of the car. *498 The complaints alleged that Ford should be held strictly liable for its defective design of the Taurus's steering system, for not putting anti-lock brakes on the vehicle, and for not equipping the vehicle with a warning system to alert drivers to malfunctions in the airbag safety system. The complaints also alleged that Ford negligently designed and manufactured the vehicle and negligently misrepresented to the decedents that the vehicle was equipped with properly functioning airbag, braking, and steering systems. The breach of implied warranties and gross negligence claims were merely variations of the foregoing claims.

¶ 7. The two lawsuits were eventually consolidated. On March 31, 2004, Hayes filed an amended complaint adding FMCC as a defendant. On April 2, 2004, Russell also amended her complaint to add FMCC as a defendant. Russell and Hayes asserted claims of strict liability, negligence, negligent misrepresentation, breach of implied warranties, and gross negligence against FMCC for failing to properly inspect and repair the Taurus and for failing to adequately warn about the defects of the vehicle. The trial court granted the motions.

¶ 8. On February 4, 2005, Ford filed a motion for summary judgment. The trial court granted the motion for summary judgment and dismissed Ford from the case with prejudice on June 2, 2005. The trial court found that the plaintiffs' claims against Ford only related to the vehicle at the time it was sold in 1996, not to the sale of the vehicle at the Auction. The court ruled that the plaintiffs, in opposing the motion, relied solely upon the allegations in their complaints and put forth no proof or sworn testimony in their response to Ford's motion for summary judgment showing that the airbag warning system was defective. The court also held that the plaintiffs failed to bring forward any evidence during discovery demonstrating that the vehicle's steering system or brakes were defective when the vehicle left Ford's control.

¶ 9. However, on February 25, 2005,[2] the day after the statutory period expired, the plaintiffs filed a motion for leave of court to amend their complaints to conform to the evidence. The plaintiffs were attempting to add new negligence claims against Ford for its role in the sale of the vehicle at the Auction. They asserted in their motions that Ford was negligent in failing to adequately inspect and repair the Taurus. They also contended that Ford failed to adequately warn the buying public about the inoperative airbags. The plaintiffs also sought to amend the claims in their complaint against FMCC, but the allegations in the motion regarding FMCC were virtually identical to those in their first amended complaints.

¶ 10. On July 22, 2005, the trial court entered an order granting the plaintiffs' motions with respect to FMCC, but denying them with respect to Ford.[3] The court found the new claim against Ford to be time-barred by the three-year statute of limitations. Miss.Code Ann. § 15-1-49 (Rev.2003).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wanda St. Andrie v. Singing River Health System
Court of Appeals of Mississippi, 2022
Giles v. Stokes
988 So. 2d 926 (Court of Appeals of Mississippi, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
960 So. 2d 495, 2006 WL 2947874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-ford-motor-co-missctapp-2006.