This case was last updated from U.S. District Courts on 09/15/2022 at 07:56:04 (UTC).

Whited v. Ford Motor Company

Case Summary

On September 17, 2021, Harley Whited (hereinafter referred to as “Plaintiff”), represented by Stewart D. Matthews of SD Matthews & Associates, filed a personal injury lawsuit against Ford Motor Company (“Defendant”), seeking actual damages and cost of the suit along with pre-judgement and post-judgement interest, among other reliefs, for the alleged negligence of the Defendant that caused serious injuries to the Plaintiff. This case was filed in U.S. District Court in the Northern District of Texas with Judge Reed C. O'Connor presiding.



In the complaint, the Plaintiff alleged that, “Allie Bindi was traveling west on Central Freeway. For unknown reasons Allie Bindi left his lane of travel and collided head-on with the vehicle driven by Harley Whited.” The Plaintiff then alleged that, “The subject Ford vehicle driven by Mrs. Whited was designed by Defendants Ford Motor Company. The result of the collision caused severe damage to the front of the Whited vehicle with extensive spooling of the seatbelt.”



The Plaintiff further alleged that, “At the time of the accident, Mrs. Whited was properly seated and properly wearing the available seat belt. As a result of the improper spooling and compartment compromise, Harley Whited sustained serious injuries when the vehicle failed to protect her because it violated several crashworthiness principles.” The Plaintiff then alleged that, “vehicle manufacturers have known for decades that crashworthiness is the science of preventing or minimizing injuries or death following an accident through the use of a vehicle’s various safety systems.”



The Plaintiff also alleged that, “Defendant Ford, either alone or in conjunction with some other individual(s) and/or entity(ies), designed, manufactured, marketed, assembled, and/or tested said vehicle in question.” Plaintiff then alleged that, “Defendant Ford either knew or should have known of at least one safer alternative design which would have prevented the serious injuries to the Plaintiff.” The Plaintiff also alleged that, “Defendant Ford was negligent in the manufacture, assembly, marketing, and/or testing of the vehicle in question. In designing a vehicle, efforts should be made by manufacturers to identify potential risks, hazards, and/or dangers that can lead to serious injury or death”



There are two claims of relief laid down by the Plaintiff. The first claim is for the alleged acts and/or omissions, design defects and negligence of Defendant Ford were the producing, direct, proximate and legal cause of the Plaintiffs’ serious injuries and damages. The second claim is for the alleged damages suffered by the Plaintiff, which include pain and suffering, emotional distress, mental anguish, impairment, and disfigurement, interference with her daily activities and a reduced capacity to enjoy life as a result of her injuries.



In her prayer for relief, the Plaintiff requested the Court for actual damages, prejudgment and post-judgment interest beginning June 8, 2020; costs of suit; and all other relief, general and special, to which Plaintiff is entitled to at law and/or in equity, and/or which the Court deems proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:21-CV-00085

  • Filing Date:

    09/17/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Reed C. O'Connor

 

Party Details

Plaintiff

Harley Whited

Defendant

Ford Motor Company

Attorney/Law Firm Details

Plaintiff Attorney

Stewart D Matthews

Attorney at SD Matthews & Associates

2106 W Ennis Avenue, Suite B

Ennis, TX 75119

Defendant Attorneys

William L Mennucci

Attorney at Thompson Coe Cousins & Irons

701 Brazos, Suite 1500

Austin, TX 78701

Bradley W Petersen

Attorney at Slattery Petersen PLLC

340 E. Palm Ln., Ste. 250

Phoenix, AZ 85004

Ronald D Wamsted

Attorney at Thompson Coe Cousins & Irons

701 Brazos, Suite 1500

Austin, TX 78701

 

Court Documents

#1

1 #1

Cover Sheet

#2

#3

#4

#5

(#5) ANSWER to #1 Complaint,,,, filed by Ford Motor Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice.Attorney William L Mennucci added to party Ford Motor Company(pty:dft) (Mennucci, William) (Entered: 10/19/2021)

#6

(#6) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ford Motor Company. (Mennucci, William) (Entered: 10/19/2021)

#7

(#7) Joint STATUS REPORT Rule 26(f) Report filed by Ford Motor Company. (Mennucci, William) (Entered: 12/15/2021)

#8

(#8) SCHEDULING ORDER: Joinder of Parties due by 2/15/2022. Amended Pleadings due by 2/15/2022. Motions due by 7/11/2022. Deadline for mediation is on or before 5/11/2022. Discovery due by 6/10/2022. Pretrial Order due by 10/13/2022. This case is set for trial on this Court's four-week docket beginning November 7, 2022. (Ordered by Judge Reed C. O'Connor on 12/17/2021) (npk) (Entered: 12/17/2021)

#9

(#9) MOTION for Leave to Designate Allie Bindi, Deceased, As A Responsible Third Party filed by Ford Motor Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Mennucci, William) (Entered: 12/21/2021)

9 #1

Proposed Order

#10

(#10) Appendix in Support filed by Ford Motor Company re #9 MOTION for Leave to Designate Allie Bindi, Deceased, As A Responsible Third Party (Mennucci, William) (Entered: 12/21/2021)

#11

(#11) NOTICE of Service of Rule 26 Initial Disclosures filed by Ford Motor Company (Mennucci, William) (Entered: 01/31/2022)

#12

(#12) ORDER: Having considered Defendant's unopposed motion #9 , the Court finds it is well-taken and should be and is hereby GRANTED. Accordingly, it is ORDERED that Bindi is hereby designated as a Responsible Third Party. (Ordered by Judge Reed C. O'Connor on 2/1/2022) (sre) (Entered: 02/01/2022)

#13

(#13) NOTICE of Service of Cross Questions filed by Harley Whited (Matthews, Stewart) (Entered: 03/30/2022)

#14

(#14) Unopposed STIPULATION OF DISMISSAL by Harley Whited. (Matthews, Stewart) (Entered: 04/29/2022)

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Docket Entries

  • 05/02/2022
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  • Docket(#15) ORDER. Before the Court is Plaintiff's Unopposed Motion for Voluntary Dismissal (ECF No. #14 ), filed March 29, 2022. Plaintiff dismisses all claims against Defendant, pursuant to Fed. R. Civ. P. 41. The case is therefore DISMISSED with prejudice. (Ordered by Judge Reed C. O'Connor on 5/2/2022) (npk) (Entered: 05/02/2022)

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  • 04/29/2022
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  • Docket(#14) Unopposed STIPULATION OF DISMISSAL by Harley Whited. (Matthews, Stewart) (Entered: 04/29/2022)

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  • 03/30/2022
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  • Docket(#13) NOTICE of Service of Cross Questions filed by Harley Whited (Matthews, Stewart) (Entered: 03/30/2022)

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  • 02/01/2022
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  • Docket(#12) ORDER: Having considered Defendant's unopposed motion #9 , the Court finds it is well-taken and should be and is hereby GRANTED. Accordingly, it is ORDERED that Bindi is hereby designated as a Responsible Third Party. (Ordered by Judge Reed C. O'Connor on 2/1/2022) (sre) (Entered: 02/01/2022)

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  • 01/31/2022
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  • Docket(#11) NOTICE of Service of Rule 26 Initial Disclosures filed by Ford Motor Company (Mennucci, William) (Entered: 01/31/2022)

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  • 12/21/2021
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  • Docket(#10) Appendix in Support filed by Ford Motor Company re #9 MOTION for Leave to Designate Allie Bindi, Deceased, As A Responsible Third Party (Mennucci, William) (Entered: 12/21/2021)

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  • 12/21/2021
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  • Docket(#9) MOTION for Leave to Designate Allie Bindi, Deceased, As A Responsible Third Party filed by Ford Motor Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Mennucci, William) (Entered: 12/21/2021)

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  • 12/17/2021
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  • Docket(#8) SCHEDULING ORDER: Joinder of Parties due by 2/15/2022. Amended Pleadings due by 2/15/2022. Motions due by 7/11/2022. Deadline for mediation is on or before 5/11/2022. Discovery due by 6/10/2022. Pretrial Order due by 10/13/2022. This case is set for trial on this Court's four-week docket beginning November 7, 2022. (Ordered by Judge Reed C. O'Connor on 12/17/2021) (npk) (Entered: 12/17/2021)

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  • 12/15/2021
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  • Docket(#7) Joint STATUS REPORT Rule 26(f) Report filed by Ford Motor Company. (Mennucci, William) (Entered: 12/15/2021)

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  • 10/19/2021
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  • Docket(#6) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ford Motor Company. (Mennucci, William) (Entered: 10/19/2021)

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  • 10/19/2021
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  • Docket(#5) ANSWER to #1 Complaint,,,, filed by Ford Motor Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice.Attorney William L Mennucci added to party Ford Motor Company(pty:dft) (Mennucci, William) (Entered: 10/19/2021)

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  • 09/17/2021
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  • Docket(#4) Summons Issued as to Ford Motor Company. (sre) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#3) New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (sre) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Harley Whited. (Matthews, Stewart) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#1) COMPLAINT WITH JURY DEMAND against All Defendants filed by Harley Whited. (Filing fee $402; Receipt number 0539-12228280) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Matthews, Stewart) (Entered: 09/17/2021)

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