Sommers Schwartz Granted Retrial in Michigan Ford Explorer Case; Court Requires Ford to Substantiate Trade Secret Claim

SOUTHFIELD, Oct. 28, 2005 -- In a ruling involving a fatal Ford Explorer rollover case, a Michigan court has ordered Ford Motor Co. to substantiate its claim that documents showing Ford had access to alternative roof designs that prevent roof collapse should be sealed because they contain trade secrets.

The order stems from a case involving the death of a Bay City woman, Christine Glaeser, in a July 2000 rollover accident. Following a hearing on Oct. 27, 2005, Bay County Circuit Court Judge William J. Caprathe ordered a new trial and ordered Ford to produce evidence and witnesses. In the original trial, the jury issued a verdict on Aug. 2, 2005, that found Ford liable but said the automaker did not have alternatives to its defective roof design.

Attorney Bob Tyler of the law firm Sommers Schwartz had introduced evidence during the first trial showing alternative roof designs that prevent roof collapse were already being used in Volvo vehicles and therefore available to Ford. Ford is the parent company of Volvo. However, Ford claimed the Volvo documents should be sealed because they contain trade secrets. Ford will go before Judge Caprathe on Jan. 20, 2006, to defend its trade secret claim, possibly the first time Ford's position has been subjected to cross examination.

Public Citizen, a public interest watchdog organization founded by Ralph Nader, sent a letter to the court requested the documents be publicly disclosed to aid the current discussion over proposed revisions to the 1971 federal roof crush standard.

Tyler's evidence is similar to the evidence presented in the successful Florida case, Duncan vs. Ford, which also involved a 2000 Explorer, and another successful Ford Explorer rollover case in Texas. Ford has attempted to keep the Volvo documents sealed in both states, but no final decision has been made about whether the documents should remain sealed.

"The family is very appreciative that the court corrected the verdict and looks forward to the next trial," Tyler said.

Christine Glaeser and her husband were driving north on I-75 in Bay County on the start of a vacation on July 29, 2000, when a tire on their recently leased 2000 Ford Explorer blew out, causing the vehicle to roll over. An investigation after the crash determined an unknown object had punctured the interior sidewall of the tire, causing it to rapidly lose pressure and pull away from the rim. The tire failure in this case was not because of tread separation at high speed, which has been the source of many wrongful death lawsuits against Ford and Firestone.

Christine Glaeser was 48 and the mother of four children. She was wearing her seat-belt restraint at the time of the accident and the vehicle was traveling around 50 mph when it started to roll over.

Sommers Schwartz, located in Southfield, Mich., ranks among Michigan's largest law firms. Nine of the firm's nearly 70 lawyers are listed in "Best Lawyers in America." For more information visit http://www.sommerspc.com/ .