Branham v. Ford Motor Co.

701 S.E.2d 5 (S.C. 2010)

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Nature of the Case

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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.