another article on the econoline vans

January 22, 2003

BY MARY WISNIEWSKI
BLOOMBERG

CHICAGO -- Ford Motor Co. withheld evidence in a lawsuit over the fatal crash of an Econoline van, said a federal judge who decided jurors will be told that certain Ford tests showed the vehicle was unsafe.

The world's second-largest automaker will be barred from challenging the findings of handling and stability tests on the 15-passenger van that it withheld from plaintiffs' lawyers, said U.S. District Judge Robert Gettleman. Julia Whitley, a foster mother of nine, and one of her foster children were killed in 1996 when their Econoline rolled over.

"I find it totally reprehensible that I was misled and the plaintiffs were misled," said Gettleman, who also ordered Ford to pay attorney fees and court costs to plaintiffs' lawyers for their efforts to obtain the evidence.

The National Highway Traffic Safety Administration reported last April that vans carrying more than 10 passengers were three times more likely to roll over than those with fewer than five riders. The 15-passenger vans rolled over 52 percent of the time in fatal crashes, compared with 33 percent for other vehicles, NHTSA reports show.

A statement released by Ford in advance of Gettleman's ruling said the vans are "very safe" and that drivers should take into account the higher center of gravity on such vehicles when loaded. Ford spokeswoman Kathleen Vokes, when told of the judge's decision, said today the company stood by its previous statement.

There have been 70 lawsuits involving the Econoline, said James Lowe, a lawyer for Whitley's husband, Daniel Whitley.

Gary Hayden, a Ford attorney in charge of the team of Ford lawyers that produces evidence for lawsuits, declined comment on the ruling. He had told the judge that Ford made an "honest mistake" in not producing the test results.

U.S. auto safety regulators said in November they wanted to create a new category of bus for school and church groups to replace 15-passenger vans such as the Econoline because they roll over more often than other vehicles.

Whitley, 50, of Crete, Illinois, was killed in an accident in July 1996. Also killed was one of her foster children, Tatiana Gill, 7.

General Motors Corp. is the world's largest automaker. Shares of Dearborn, Michigan-based Ford rose 2 cents to $10.18 at 1:32 p.m. today in New York Stock Exchange composite trading.