The Alabama Supreme Court has thrown out an $8.5 million verdict against Ford Motor Co. and ordered a new trial, saying a judge made an error by asking jurors if they could serve for four weeks.
The judgment was awarded to a Gadsden woman who was seriously injured in the rollover of a Mercury Mountaineer sports utility vehicle in Georgia. Her lawsuit claimed the vehicle was unstable and rolled over too easily.
The court didn’t rule on any evidence or whether Etowah County jurors made a mistake when they ruled in favor of Latoya Duckett.
Instead, they threw out the verdict because a judge in the jury selection process said the trial would be lengthy and asked potential jurors to raise their hands if they could serve for four weeks. The court ruled that action was the same as asking for volunteers, and that violated the requirement that jurors be selected randomly.
Duckett was injured in an accident on Interstate 20 near Douglasville, Ga., in 2003.
An attorney for Ford, Greg Schuck of Birmingham, said in a statement that the company was pleased “the Alabama Supreme Court issued a well reasoned opinion reinforcing the importance of random jury selection.”
An attorney for Duckett, Jason Knowles, did not immediately return calls seeking comment.
Duckett was a backseat passenger in the Mountaineer and was ejected when the vehicle rolled over, according to court records. She suffered brain injury and her right leg had to be amputated.
Topics Alabama
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