Ford moves to dismiss seat belt suit, counterclaims filed

By Amelia Flood | May 6, 2010


Ford Motor Company is moving to dismiss a Madison County product liability suit over allegedly defective seat belts.

Meanwhile, Ford and another defendant in the case, Joshua Clark, have filed counterclaims against defendant Founders Insurance Company for its alleged role in the destruction of the pick-up truck at the center of the case.

Circuit Judge Andy Matoesian is set to hear motions in the case May 14 at 9 a.m.

The suit was originally filed by plaintiff Kyle James, a passenger in Clark's Ford F-150 truck when it was involved in a collision on Illinois Route 143 in July 2004.

James claims that although he was wearing a seat belt, it came open and he was ejected from the car.

James claims to have suffered a skull fracture, head and other injuries.

His suit seeks damages of at least $50,000 per count.

James' suit also names Founders and All Type Auto Parts of Cahokia as defendants.

The plaintiff contends that after the accident occurred, the truck was taken to All Parts.

Later, a protective order was entered to preserve the car as evidence in the suit in May 2005.

According to case filings, the parties were told in June 2008 that the truck was not available for inspection and that it had likely been destroyed.

Founders and All Type are being sued for the alleged destruction of that evidence.

Ford filed its first counterclaim against Founders in August 2009.

Clark subsequently filed his counterclaims.

Founders filed a motion to dismiss Ford's counterclaim April 1 of this year.

In that motion, Founders argues that Ford has not pled injury, specific damages or a cause for relief.

James is represented by Bruce Cook.

Ford is represented by Robert Shultz Jr.

Clark is represented by Beth Boggs.

Founders is represented by Jon Shelton.

All Type is represented by David Laurent.

The case is Madison case number 04-L-1238.

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