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Stecher v. Ford Motor Co.

In a products liability case arising from injuries suffered in an automobile accident, judgment entered in favor of defendant was vacated and case remanded for new trial because trial court erred in instructing the jury that plaintiffs bore the burden of quantifying the extent of the enhanced injuries caused by the alleged defect in plaintiffs' car.

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� 1 In this products liability action, we are called upon to decide whether a plaintiff in an enhanced injury case bears the burden of proving the precise extent of injuries arising from a defect when the injury suffered is indivisible by nature. Sharon R. Stecher, Joseph Stecher and Ford Motor Company (“Ford”) have cross-appealed the judgment *fn1 entered in favor of Ford. For the reasons that follow, we vacate the judgment and remand this matter for a new trial consistent with this Opinion.

� 2 This action arises from a traffic accident in February 1992. Sharon Stecher was driving a 1983 Ford LTD westbound on a snow and ice covered road when the vehicle spun as she approached a curve. Mrs. Stecher’s vehicle crossed the centerline of the road and its front end struck an embankment on the opposite side of the road. The vehicle then spun back onto the roadway and continued to move westbound, with the driver’s side of the vehicle leading, but in the eastbound travel lane. The LTD then collided with an eastbound pickup truck. The point of impact on the LTD was approximately at the “B” pillar, the post that runs vertically from the floor to the roof of the vehicle, behind the driver’s left shoulder. Mrs. Stecher suffered a serious brain injury and a pelvic fracture as a result of the collision.

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