Ford Motor Company is facing a hefty product liability lawsuit through the Albemarle Circuit Court because of a tragedy involving one of its minivans. The owner of the vehicle, Steven K. Funkhouser, is suing both Ford Motor Company and Obaugh Ford, Inc., where he purchased it, for a compensatory sum of $15.5 million after his minivan burst into flames last year.
On May 4, 2006, Funkhouser’s 3-year-old daughter, Emily, died as a result of burn injuries she incurred while sitting in her family’s 2001 Ford Windstar, according to the complaint. The Windstar allegedly caught fire while parked with the engine off and keys out of the ignition. Her 3-year-old brother, Evan, was also in the vehicle and suffered burns and inhalation injuries from the fire.
 A Waynesboro man is suing Ford after his 2001 Ford Windstar caught fire and killed his daughter. |
Funkhouser, of Waynesboro, asserts that he made no changes or alterations to the vehicle after purchase in 2003 and that, at the time of the fire, the minivan was in substantially the same condition as it was when he bought it. He is suing the two businesses on three counts: negligence, breach of warranty and damages. His negligence charges include the claim that Ford would design a vehicle prone to electrical problems for free distribution and without warning of these potential problems. According to Funkhouser’s complaint, this also entails breach of warranty, as the minivan was assumed to be fit for ordinary use. Funkhouser cites emotional damages as a result of the loss of his daughter and substantial injury of his son.
As it stands, Ford is denying all allegations with a number of affirmative defenses that would absolve it of responsibility. Obaugh Ford has responded in the same manner as Ford, with the additional request to separate Evan’s injuries into a second case on the basis of past jurisdiction.
This isn’t the first time that Ford has heard from Charlottesville attorneys. Two years ago, C-VILLE profiled local attorney Edgar Heiskell, who had prosecuted Ford in 34 nationwide cases over a 10-year span. All involved product liability issues with Ford’s Bronco II and Explorer models. Heiskell is not representing Funkhouser in this case, but he is a member of the same law firm—Michie, Hamlett, Lowry, Rasmussen & Tweel—as one of Funkhouser’s attorneys, J. Gregory Webb.
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