BRANHAM V. FORD MOTOR CO.
701 S.E.2d 5 (S.C. 2010)
NATURE OF THE CASE: This is a direct appeal by Ford (D) in a product liability action
where the jury awarded Branham (P) $16,000,000 in actual damages and $15,000,000 in punitive
damages.
FACTS: Hale purchased the 1987 Ford Bronco in June of 1999 with 137,500 miles on it. Hale
was driving several children to her house. Hale's daughter was seated in the front passenger
seat. Jesse Branham, III (P), was riding in the backseat. No one was wearing a seatbelt.
Hale admittedly took her eyes off the road and turned to the backseat to ask the children to
quiet down. When she took her eyes off the road, the Bronco veered towards the shoulder of
the road, and the rear right wheel left the roadway. Hale responded by overcorrecting to the
left. Hale's overcorrection led to the vehicle 'shaking.' The vehicle rolled over. P was
thrown from the vehicle and was injured. P filed this lawsuit against D and Hale. P claimed
a defective seatbelt sleeve claim and a 'handling and stability' design defect. Both of
these claims were pursued in negligence and strict liability. D denied liability and
asserted Hale's negligence caused the accident. D appealed a verdict in favor of P.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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