WASHINGTON, March 26, 2021 / PRNewswire / – Kaster, Lynch, Farrar & Ball litigants clinched a major victory in the US Supreme Court and agree that Ford Motor Co. (NYSE: F) has the ability to hold injured persons accountable for defects drag, not restrict, products by restricting where these lawsuits can be filed.
The closely watched statement posted in Bandemer v. Ford on Thursday is impacting a wide variety of litigation related to product defects and personal injury. The 8-0 judgment emphatically rejects Ford’s argument that product deficiency claims cannot arise in state courts if certain vehicles involved in the claims were not purchased in those states.
“This sensible decision means that manufacturers like Ford must remain accountable in state courts for the safety of their products regardless of where a particular product is sold,” said the litigator for Kaster, Lynch, Farrar & Ball Kyle Farrarwho played an active role in the arguments of the Supreme Court and in previous judicial and appeals proceedings. “Ford’s attempt to limit where infringement suits can be filed would have made it more difficult to ensure that products are safe and that manufacturers are held accountable. This is an important decision for the safety of all products.”
In Bandemer, Minnesota Resident Adam Bandemer claims that a defective passenger airbag in a Ford Crown Victoria he was driving was responsible for a serious brain injury he sustained in an accident in 2015. The judges also heard an accompanying case with similar facts that originated in Montana State court.
Ford alleged that since the Crown Victoria in the Bandemer lawsuit and a Ford Explorer in the accompanying lawsuit were purchased outside of the states in which the accidents occurred, plaintiffs had no jurisdiction to file lawsuits in their home states. Instead, Ford claimed the lawsuits could only be filed in the states where the vehicles were designed or manufactured. Supreme State Courts in Minnesota and Montana had previously dismissed the automaker’s arguments.
The cases are Ford Motor Company, petitioner v Montana Eighth Judicial District Court et al., Case numbers 19-368, and Ford Motor Company, petitioner v. Adam Bandemer, Case Numbers 19-369, US Supreme Court. Mr. Bandemer was represented by during the entire legal dispute Kyle W. Farrar, Wesley Todd Ball and Mark Bankston of Kaster Lynch Farrar & Ball LLP.
Based in Ocala, Floridaand Houston, the litigation attorneys for Kaster Lynch Farrar & Ball LLP, have hard-earned expertise in cases against global vehicle and tire manufacturers relating to a variety of deficiencies that could result in significant injury or death. The company is a nationwide leader in securing judgments and settlements against the world’s largest tire and vehicle manufacturers. More information is available at TheTireLawyers.com.
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SOURCE Kaster Lynch Farrar & Ball, LLP