Law Officers Say Texas HB4 Would Let Ford Off the Hook

Severely Burned Officer, Dallas Police Association Point to Continuing Problems With Ford Patrol Car

DALLAS, April 15 -- The following press release is being issued by the Corpus Christi, Texas, law firm of Perry & Haas, LLP:

A Phoenix, Arizona, police officer who was severely burned and disfigured two years ago when his Ford Crown Victoria police cruiser burst into flames when rear-ended today joined forces with law enforcement representatives in Dallas in opposing any state legislation that would hinder the rights of Texas law officers to sue companies like Ford that make defective, often deadly products.

Phoenix Police Officer Jason Schechterle, 30, who lost much of his face and hands to fifth degree burns, said proposed laws in Texas to make it harder for consumers to file lawsuits would also hurt families of law enforcement officers injured or killed by the fire-plagued Ford Crown Victoria police car, which has been blamed in the burning deaths of 13 police officers since 1983.

"As police officers we protect every citizen in this country every minute of every day. Our rights to seek protection from the courts should be increased, not diminished," Schechterle said. "And there should be no dollar limit on the value of our lives."

Schechterle is one of a handful of survivors of Crown Victoria police car fuel-fed fires, which claimed the lives of four police officers last year: Trooper Robert Ambrose, New York; Officer Robert Nielsen, Arizona; Deputy Sheriff Jeff Davis, Florida; and Officer Metzler. Schechterle, as well as the families of Metzler and Ambrose, filed lawsuits against Ford earlier this year.

Glen White, president of the Dallas Police Association (DPA), said that law enforcement associations across the United States are coming together to oppose the federal safety standard provisions in similar legislation being filed in legislatures nationwide. HB4 was passed by the Texas House two weeks ago and currently is being heard by the Senate State Affairs Committee, chaired by Senator Bill Ratliff (R-Mt. Pleasant).

"We oppose anything that would obstruct our ability to hold the manufacturers of police equipment accountable for maximum officer safety," White said.

Ford is fighting a rising tide of wrongful death and class action lawsuits filed by individuals, local governments and police entities nationwide stemming from Crown Victoria fuel-fed fires. At issue is the vehicle's fuel tank, which is located behind the rear axle, making it vulnerable to puncture in high-speed impacts. Police are more likely to sustain high-speed rear impacts because of the nature of their work.

Schechterle also criticized attempts by some lawmakers to put a dollar value limit on awards, rather than leaving decisions to juries and judges.

"We are all proud to live in a country that does not ask what it costs to bring home every fighting man or woman -- we just do it -- because our country does not trade dollars for human life. But that is what this bill would allow manufacturers to do," he said.

Last September, Ford announced that it would retrofit police vehicles with shields around portions of the Crown Victoria's fuel tank, however, at least six accidents involving Crown Victoria police cars have shown that the shields do not offer enough protection. According to deposition testimony taken from Ford officials in conjunction with lawsuits, including one filed by the City of Dallas in Dallas, Crown Victoria's equipped with the shields still remain vulnerable to:

  --  Punctures coming from trunk equipment, a factor in the deaths of three
      officers.  A Kevlar container for heavy, sharp equipment in the trunk,
      long promised by Ford, has not materialized, White noted.  White added
      that the cost -- which Ford has said must be born by law enforcement
      -- has reached a prohibitive $200 each.

      "With about 700-800 Crown Victorias in its fleet, that translates into
      a cost of about $160,000 for the Dallas Police Department -- a cost
      that Ford ought to be paying," White said.

      The trunks of many Dallas squad cars carry electronic equipment that
      cannot always be mounted above the level of the fuel tank, as Ford has
      recommended.

      "Any kind of hard case can puncture the fuel tank, and it is
      questionable whether the trunk pack is workable at all," White said.
      "Clearly, Ford is not thinking things through clearly and is just
      throwing out solutions in an attempt to make this problem go away
      without really fixing it."

  --  Pressure leaks from fuel tanks.  Although Ford claimed a successful
      crash test of a shield-equipped Crown Vic at 75 mph, officials later
      acknowledged that the fuel tank leaked 40 ounces of fuel around a
      valve because of pressure from the impact.  Federal standards limit
      fuel leaks to one ounce.  Ford has said it has no plans to address
      this danger.

      In January, a Texas state trooper was rescued from a shield-equipped
      Crown Victoria rear-ended by a truck in Bee County.  Rescuers waded
      through gasoline pouring from the fuel tank to reach the trooper, who
      was knocked unconscious.

  --  Punctures from the vehicle frame, involved in the death of Officer
      Metzler.  At one time, Crown Vic police cars were equipped with
      shields to protect the fuel tank against frame punctures, but these
      shields have been discontinued.  Ford has said it has no plans to
      address this issue.

  --  Punctures from striking vehicles, involved in the death of Arizona
      Patrolman Juan Cruz in December 1998.  The Crown Vic fuel tank
      continues to be exposed to punctures when another vehicle is pushed
      underneath the patrol car in a high-speed impact.

As one of the few survivors of the fiery crashes, Schechterle said that he may be the most effective living voice to call on Ford to fix the Crown Victoria police cruiser and to make lawmakers across the U.S. understand that police officers like him deserve their day in court.

"No amount of money that a jury might award can ever give me back my face, my career, my life as it was before the crash. But I have dedicated myself to trying to bring an end to the fiery death toll of my brother officers," Schechterle said.

Citizens can find out how to contact the members of the State Affairs Committee and their own state senators by visiting the Texas Legislature Online at www.capitol.state.tx.us . For more information on fuel-fed fires in Ford Crown Victorias, go to www.CrownVictoriaSafetyAlert.com .