Rozier v. Ford Motor Co.

573 F.2d 1332 (5th Cir. 1978)

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Nature of the Case

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Facts

Rozier's (P) husband died when his 1969 Ford Galaxy 500 was struck from behind by another car, the fuel tank exploded, and he was severely burned. P sued Ford (D) and won a jury verdict. Ten months later P moved for a new trial on the ground that D had failed to disclose a document covered by P's interrogatories and based upon the following facts. The trial court had ordered D to produce a cost-benefit analyses and written reports or analysis which were applicable to the 1969 Ford Galaxy 500. D denied that any such documents existed, but it was later discovered that a relevant document, the 1971 Trend Cost Estimate, had been located by D one week prior to trial but had never been acknowledged or produced. P's motion for a new trial was denied, and P appealed.