Ford Explorer SUV Rollover

On Feb. 22, 2004, Plaintiff Niles McKay, 18, and a passenger were traveling west on Interstate 20 in his family's 1998 Ford Explorer in Vicksburg, Miss., when an unidentified vehicle surged in front of the Explorer from the north shoulder of the highway. McKay veered left to avoid the collision and immediately steered right in an attempt to regain control of the SUV. The Explorer yawed clockwise and began rolling, driver side leading, down the right shoulder of the highway, eventually coming to rest on its wheels. McKay and the passenger were rushed to the hospital. McKay was pronounced dead on arrival due to closed head injuries. The passenger sustained non-life-threatening injuries. McKay's parents incurred $1,650 in medical expenses and $5,500 in funeral expenses.

McKay's parents, Jerry and Elaine McKay retained attorney Rob Ammons to make a claim against Ford Motor Company, the manufacturer of the vehicle, for negligent design of the Explorer. Plaintiffs claimed the Explorer's high center of gravity, as well as its suspension and steering design, made it unreasonably dangerous, especially in circumstances under which emergency maneuvers are necessary. Further, Plaintiffs contended that Ford had knowledge of these deficiencies since 1973, when it allegedly admitted in a letter to NHTSA that cars should be designed to slide out instead of roll over. Plaintiffs maintained that Ford could have lowered the center of gravity in the Explorer to attain a greater level of stability. Additionally, Plaintiffs alleged that since 1997, Ford has possessed the ability to incorporate a yaw control system, which applies automatic braking to individual wheels to help drivers maintain control of the vehicle. Plaintiffs contended that had Ford implemented these changes to the Explorer when the Defendant discovered these dangers, this accident could have been avoided. Because this case was settled before a suit was filed, Ford's counterclaims to the Plaintiffs' allegations were not offered.

The McKays sought compensation for future wages and household services their son would have contributed to the family. In addition, the McKays sought compensation for the loss of the love, comfort, companionship and society and sought an unspecified amount in past and future pain and suffering and emotional torment caused by the death of their son.

McKay v. Ford Motor Company

Attorney Rob Ammons obtained a settlement with Ford on behalf of the McKays for a confidential amount before a lawsuit was filed.