Case Results

• Vuk Stevan Vujasinovic; Houston, TX, for Ryan Rickert

• Keith Fowler C.I.P., C.E.T.; Fire; Edmonton, Alberta, called by: Robert Ammons, Vuk Vujasinovic, James Grissom

• Alison D. Kennamer; Rodriguez, Colvin & Chaney; Brownsville, TX, for Ford Motor Co.
• Don Dawson; Dawson & Clark; Detroit, MI, for Ford Motor Co.
• Jaime Saenz; Rodriguez, Colvin & Chaney; Brownsville, TX, for Ford Motor Co.
• Joe Frazier Brown, Jr.; Thornton, Summers, Biechlin, Dunham & Brown; San Antonio, TX, for Brasada Ford, Ltd. d/b/a Northside Ford
• Kathleen A. Clark; Dawson & Clark; Detroit, MI, for Ford Motor Co.
• Kyle Dreyer; Hartline, Dacus, Dreyer & Kern; Dallas, TX, for Ford Motor Co.
• Michael W. Eady; Brown McCarroll; Austin, TX, for Ford Motor Co.

• Ralph Newell; Fire; Atlanta, GA called by: Don Dawson, Jaime Saenz, Alison Kennamer, Michael Eady, Kyle Dreyer, Joe Brown, Jr.
• Charles Adams; Fire; Dearborn, MI called by: Don Dawson, Jaime Saenz, Alison Kennamer, Michael Eady, Kyle Dreyer, Joe Brown, Jr.
• Charles Hoffman; Fire; Dearborn, MI called by: Don Dawson, Jaime Saenz, Alison Kennamer, Michael Eady, Kyle Dreyer, Joe Brown, Jr.
• William "Bill" Dee D.F.E.I.; Fire; San Antonio, TX called by: Don Dawson, Jaime Saenz, Alison Kennamer, Michael Eady, Kyle Dreyer, Joe Brown, Jr.

This case arose out of a fire that occurred in the 1997 vehicle while Ryan Rickert was driving on Interstate 45 between Houston and The Woodlands. Rickert first noticed the fire to his right and behind him. He believed that it started between the bed and the cab of the truck, broke through the back passenger window and came into the truck and burned him. However, Rickert's account of the fire as originating behind him, between the bed and the cab, was directly contrary to his own expert's opinion that the fire originated inside the cab.

The incident occurred while Rickert was driving in lunch-hour traffic and had to maneuver his vehicle over four lanes of traffic before stopping on the shoulder and getting out of the vehicle.

Rickert alleged that the Ranger was defectively manufactured in that it malfunctioned and caused the fire. His only liability expert was Keith Fowler, a specialist in the cause and origin of vehicle fires, with a background in vehicle mechanic work from Edmondton, Alberta, Canada. Fowler determined that his fire originated inside the cab of the vehicle inside the right passenger door. Fowler further determined that the fire was caused by an over current in wiring connected to the vehicle's interior lighting system, based on his finding that the wiring had separated and beaded in this area. Rickert could not say what caused the over current in this wiring, but maintained that it must have resulted from some type of malfunction. Rickert put on circumstantial evidence of a defect in the vehicle's interior lighting system. Ford had previously issued a technical service bulletin advising dealerships to remove a module connected to the interior lighting system. This module had never been replaced on Rickert's vehicle and was connected to the wiring that had separated and beaded. Further, Rickert had brought his vehicle to a dealership on three occasions complaining about a problem involving the interior lighting system, and each time the dealership replaced the door ajar switch, noting that the switch had shorted. The door switch was also connected to the wire alleged by Rickert to have over-loaded.

Ford denied that thevehicle was defective in any way. Ford argued that the fire originated in the bed of the truck as described by Rickert, and was caused by one of the numerous batteries that Rickert was transporting in the bed of his truck. Specifically, Rickert was transporting approximately ten alarm system kits, each containing a battery. Ford correctly argued that Rickert's theory on fire cause and origin was inconsistent with Rickert's observation of the fire originating in the cab and bed of the truck. Ford further argued that it was impossible for the fire to occur in the manner in which Rickert alleged it occurred. Ford noted that the current in the interior lighting system was too low to cause a fire. Ford further noted that Rickert was a smoker and that several empty packs of cigarettes were found in the bed of the truck during inspections of the vehicle. Ford further argued that based on lab testing for accelerants inside the cab, traces of gasoline were noted in that area. Ford further argued that if the fire did originate inside the passenger compartment as alleged by Rickert that he would have noticed the smoke and fire in ample time to react and bring his vehicle to a stop and get out of the vehicle before being burned.

In addition to suing Ford, Rickert sued Northside Ford, Boggus Motor Sales Inc. and Boggus Motor Co.. The Boggus dealerships sold the vehicle and Rickert non-suited these companies shortly before trial began. Northside Ford performed the service work on the vehicle on the three occasions when Rickert brought the it in for problems with the interior lighting system. During mediation with Judge Romeo M. Flores on May 2, 2002, Northside settled for a confidential amount. Ford withdrew its mediation offer before trial.

The trial began on Monday, May 13, 2002. During jury selection by plaintiff's counsel, Vuk Vujasinovic, two of the panel members indicated that they owned 1997 Rangers and experienced problems with the interior lighting system. One of the panel members was selected as a juror.

Rickert and Fowler were presented at trial. During a hearing after Fowler's testimony, the court ruled that it was going to admit evidence of some prior incidents where a 1997 Ranger, which experienced problems with the interior lighting system, had caught on fire. The judge indicated that she would admit this evidence if Ford argued during its case that it was impossible for the fire to have occurred the way in which Rickert alleged it had occurred. It was expected that Ford would indeed argue that Rickert's theory of the fire was a physical impossibility.