Branham v. Ford Motor Co.
South Carolina Supreme Court
701 S.E.2d 5 (2010)
Branham (plaintiff) was riding unbelted in a Ford Bronco II driven by Hale when she overcorrected after drifting toward the shoulder, causing the vehicle to shake and roll over, ejecting and injuring Branham. Branham sued Ford (defendant) for design defect, presenting trial evidence that cost, marketing, and production concerns had outweighed safety considerations in the Bronco II's design, and that a different suspension design would have prevented the rollover without raising production costs or reducing stability. A jury found Ford and Hale both negligent, awarding Branham $16 million in actual and $15 million in punitive damages, and Ford appealed directly to the state supreme court.
Whether a products liability design-defect plaintiff in South Carolina must show evidence of a feasible alternative design and prove how that alternative design would have prevented the product from being unreasonably dangerous.