On November 24, 2021, Glynis Marie Erickson and the Estate of Mark Joseph Erickson (“Plaintiff”) represented by Michael F. Marlow of Marlow, Woodward & Huff, Prof. LLC filed a personal Injury lawsuit against Ford Motor Company (“Defendant”), seeking compensatory damages, pre-judgment and post-judgment interest and other reliefs for the Defendant’s alleged negligent acts and omissions which lead to death of the Plaintiff. This complaint was filed in U.S. District Court in the District of South Dakota with Judge Karen E. Schreier presiding.
In its complaint, Plaintiff alleged that, “Ford designed, tested, manufactured, marketed, distributed, and sold the 2014 Ford F150 pickup truck (VIN 1FTFW1EF0EKD39381) ("Subject Vehicle") involved in the car crash that is the subject of this lawsuit. On or about June 11, 2014, Erickson Bye Farms purchased the Subject Vehicle from Vermillion Ford, an authorized Ford dealership located at in Vermillion, South Dakota. On or about January 16, 2021, Decedent was operating the Subject Vehicle, traveling southbound on Interstate 29 near mile marker 13 in Union County, South Dakota At all times herein, Decedent was properly belted and in a normal seated position. On or about the same time, Eric Pollitt was operating a 2016 GMC Yukon ("Pollitt's Vehicle"), traveling northbound on Interstate 29 near mile marker 13 in Union County, South Dakota. In the moments preceding the crash. Decedent lost control of the Subject Vehicle due to the icy conditions of the roadway and crossed over the dividing median and into oncoming northbound traffic. The Subject Vehicle collided head-on with Pollitt's Vehicle ("Subject Crash").”
Plaintiff further alleged that, “The Subject Vehicle's driver's seatbelt was defective and broke during the Subject Crash, causing Decedent to be partially ejected from the Subject Vehicle. As a direct and proximate result of the negligence acts and omissions of Defendant Ford as set forth below. Decedent suffered catastrophic injuries resulting in his death. As a result of the death of Decedent, Plaintiff is entitled to recover damages including, but not limited to, the value of lost support and services as a result of Decedent's death; future loss of support and services; loss of consortium; loss of companionship, advice, comfort, assistance, and protection; medical and funeral expenses; and loss of earnings of Decedent.”
There are two claims for relief laid down by the Plaintiff. The first claim alleged is for strict liability, and the second claim alleged is for negligence.
In their prayer for relief, the Plaintiff has requested the Court to award damages, including funeral expenses; severe physical, conscious pain, suffering and mental anguish between the time of Decedent's injury and death; and medical expenses. The Plaintiff further requested the Court to award compensatory damages for pre- and post-judgment interest, for costs in this matter expended and for such other and further relief as the Court deems just and proper.
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Pending - Other Pending
Karen E. Schreier
Glynis Marie Erickson
Estate of Mark Joseph Erickson
Ford Motor Company
Michael F. Marlow
Attorney at Marlow, Woodward & Huff, Prof. LLC
Po Box 667220 West Third Street
Yankton, SD 57078
(#1) COMPLAINT with Jury Demand, $402.00 fee paid, receipt# SDX400055549,. (SAC) (Entered: 11/24/2021)
(#2) Summons Issued as to Ford Motor Company. 1 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons Issued, #2 AO 85 Form)(SAC) (Entered: 11/24/2021)
AO 85 Form
Docket(#2) Summons Issued as to Ford Motor Company. 1 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons Issued, #2 AO 85 Form)(SAC) (Entered: 11/24/2021)Read MoreRead Less
Docket(#1) COMPLAINT with Jury Demand, $402.00 fee paid, receipt# SDX400055549,. (SAC) (Entered: 11/24/2021)Read MoreRead Less
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