Florida Judge Rules Ford Not Prejudiced by Lack of Vehicle Evidence in Crash Case
MIAMI, FL. – As reported online in a news story from flarecord.com, a Florida judge ruled that carmaker Ford is not unreasonably prejudiced by a lack of vehicle evidence in a car crash case. The case dates back to 2015, and the vehicle was destroyed shortly after the wreck.*
On September 21, 2015, Patrick Calhoun was driving a 2006 Ford Mustang GT on Interstate 95 in the Miami, Florida, area. A vehicle also traveling on I-95 moved into Calhoun’s lane, and Calhoun served to avoid a collision. He then lost control, and the Mustang traveled off the road and rolled several times. The vehicle came to a stop on its roof.
The driver’s side air bag and seat belt failed during the crash, according to Calhoun, as did its rollover protection features. Calhoun was seriously injured in the wreck, and he had to undergo a procedure to amputate his left arm.
About two months after the collision, the insurer of the vehicle deemed it a complete loss, and the vehicle was destroyed. Calhoun also filed a lawsuit after the crash against Ford, alleging the various failures in the vehicle were due to design or manufacturing defects and caused or contributed to his injuries.
Ford recently filed a motion in Florida federal court, seeking an adverse inference instruction for the jury, based on the fact that the vehicle evidence was destroyed long ago. Ford argued that it was not able to present a complete defense due to the vehicle destruction. On January 28, U.S. District Judge Barry Seltzer denied Ford’s motion, finding that the automaker was not unreasonably prejudiced by not being able to inspect the vehicle.
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