Attorneys and victim's families release results of crash test at Washington, DC Press Conference

A specially modified Ford Crown Victoria police cruiser equipped with a fuel tank liner and a fire suppressing shield successfully withstood an 82 miles per hour crash in a test conducted by a military testing facility this summer. The metal Ford fuel tank suffered major punctures from the crash, but the combination of a Fuel Safe bladder and a FIRE Panel shield prevented the tank from leaking and igniting.

Class action plaintiffs' attorneys David Perry, Corpus Christi, TX, and Pat McGroder, Phoenix, AZ, released the results of the crash test Sept. 4 at a news conference in Washington DC in which victims' families called on Ford to act immediately to adopt the proven life-saving technology.

Press Conference Clips on the Crash Test Results

Clips
David L. Perry: "...(technology) is immediately available from Ford's own vendors..."		Pat McGroder: "We challenge Ford...to fix them NOW."

Perry and McGroder, who have been representing the families of dead and severely injured police officers in these cases for years, are leading a national effort to get Ford to redesign or modify the cruisers to make them safer in high-speed rear-end crashes.

The crash test was conducted by Goodrich Aerospace at its Hurricane Mesa Test Track, a military testing center in Hurricane, Utah, at the request of FIRE Panel LLC, Scottsdale, AZ.

In order to simulate a real world experience, the crash test used gasoline instead of a non-flammable substitute normally used in crash tests done by the auto industry, according to Bill Eckholm president of FIRE Panel.

First, the crash test vehicle was modified by the addition of the Fuel Safe bladder. This bladder, made out of a substance much like a swimming pool liner, is placed inside the tank. If the fuel tank is punctured in a crash, the liner adds a significant layer of protection. The cruiser also was equipped with a FIRE Panel, which is a plastic panel filled with a fire retardant powder that lies between the fuel tank and the rear axle. In a rear-end crash, the impact would first break the panel, releasing the powder and preventing a fire even if the liner is punctured.

The crash test involved placing the modified police cruiser at the end of a test track. Using a pusher/rocket sled, engineers crashed a 1970 Ford F-100 pickup truck weighing more than 4,000 pounds into the rear of the police vehicle. The pickup hit the modified cruiser at 81.9 miles per hour. The entire crash sequence was filmed by a series of cameras to create a detailed record of the event. The impact caused extreme damage to the rear of the police car, but no fire.

The FIRE Panel has its origins in advanced military technology to protect fuel tanks on helicopters and other aircraft. The Fuel Safe company has provided bladders to the racing car industry for many years, including Ford for its production vehicles.

"This and other technology has been available to Ford for years. Since May, fuel-fed fire deaths or injuries to police officers have occurred at the rate of one per month. This must stop. We are here today to demand that Ford recall the Crown Victoria police cruiser and begin installing available technology for the protection of law officers," Perry said at the news conference.

Copies of the crash test and more information about the FIRE panel is available by calling 480-607-1218, or on the web at www.firepanelllc.com.

By Hannah Lobel, Associated Press

DALLAS -- The City of Dallas on Thursday sued Ford Motor Co., seeking information about Crown Victoria police cars that officers' groups say are prone to erupt in flames when hit from behind at high speeds.

City officials want to know whether the vehicles are safe enough. They have been in talks with Ford for two weeks but are not satisfied with the amount of information that Ford said it would provide about so-called bladders, sacks to protect fuel from igniting.

Ford said it would take six months to provide that information. David Perry of Corpus Christi, who was hired to advise Dallas about Crown Victoria legal issues.

"That's not soon enough," city attorney Madeleine Johnson said. She accused Ford of stalling.

"The bottom line is Ford needs to make these vehicles safe so that an officer involved in an accident does not burn alive," Perry said.

CVPI Class Action Suits Centralized in Cleveland: David Perry Named to Executive Committee

Just hours before the most recent fiery tragedy involving CVPIs, the Federal Panel on Multi-District Litigation ordered all Ford Crown Victoria class action cases be centralized in Federal Court in Cleveland, before Federal Judge Donald C. Nugent.

David Perry sits on the executive committee of the class-action plaintiffs. He noted that 13 people have died in Crown Victoria explosions. Four cases have already been settled with Ford, but he couldn't discuss those agreements because they are confidential. The effect of this announcement will be to allow these cases to begin to move forward. All of the class actions filed nationally had been removed to Federal Court by Ford, and had been placed on hold pending Ford's request to centralize the cases under the Federal Multi-District Litigation rules.

The tragedy last night in Dallas underscores the urgency of the need for action to repair the vehicles. An engineering inspection and analysis will be required to determine whether Ford's proposed new fix would have prevented the Dallas tragedy. At present, it is not known whether the vehicle had received the first Ford fix, announced under its October, 2001 Technical Service Bulletin. Thus far, several vehicles which have received that fix have been involved in fiery collisions which the fix did not prevent

Texas Group Files Class Action Suit July 2, 2002

Nueces County officials today sued Ford Motor Company on behalf of all Texas counties and cities citing growing concerns over the safety of Ford's premier police cruiser -- the Crown Victoria Police Interceptor. The County requested that Ford immediately take steps to improve the cruiser's safety, forcing the auto maker to act before panels studying the issue are to make their recommendations.

At least 11 officers nationwide have been killed, and 7 seriously injured, in accidents where the gas tanks in Ford's police cars exploded after rear-end collisions. The latest victim, Chandler, Arizona Police Officer Robert Nielsen, 25, died June 12, prompting Arizona officials and national consumer groups to urge a recall.

The class action lawsuit seeks to force the automaker to make immediate safety modifications to about 25,000 Crown Victoria police cruisers in Texas, at Ford's expense, after notifying all law enforcement agencies of safety concerns.

At issue is the Crown Victoria's fuel tank, which is located behind the rear axle and within the vehicle's designated "crash zone." High speed rear-end crashes push the fuel tank against portions of the rear axle or suspension system with enough force to rupture the tank, spill fuel and ignite the vehicle.

The suit, with its request for immediate relief, puts Texas center stage in a growing outcry among law enforcement groups to halt use and purchase of the Ford police cruiser until it is made safe in high impact rear-end collisions. Two weeks ago, Ford announced it would appoint two task forces to study Crown Victoria safety issues and would announce results in 60 to 90 days.

" We need a commitment to fix the problem," said attorney David Perry, of Corpus Christi, who is handling the suit. Perry recently settled four police car fire cases against Ford, two involving officers who survived rear-end crashes, only to burn to death. “As a result of this class action we believe Ford can no longer ignore the cries of the widows and children of police officers killed in survivable collisions, in which inadequately protected fuel tanks ruptured and exploded," Perry added.

Nueces County District Attorney Laura Jimenez said county commissioners filed the suit because "a government body has a solemn obligation to provide for the safety of its employees while they are on the job."

"The tendency of the auto industry is to keep settling lawsuits until it gets too expensive, and then do something to correct a defect. Hopefully this class action will speed things up and we'll get some action before anyone else is killed or maimed for life," Perry said.

Ford, which controls 85% of the police car market, has estimated that some 400,000 Crown Victoria police cruisers currently are in use. Law enforcement agencies have pressed Ford since 1999 for Crown Victoria safety improvements.

Last fall, Ford issued a technical service bulletin to dealers stating that, upon request, they were to make two minor modifications to Crown Victoria Police Interceptors to lessen the chance of fuel tank punctures. These modifications involve replacing the parking brake bolt and grinding off the tab stabilizer bar bracket. Ford did not notify law enforcement agencies of the recommendations, however. Nueces County has started modifying its 110 vehicles per these specifications.

Four Cases Settled in Ford CVPI Burn Cases
Cruiser Gas Tanks Caught Fire after Crashes - Officers Burned to Death

Perry & Haas, L.L.P. and Gallagher & Kennedy, P.A. (Phoenix, Arizona) have settled four cases in which Ford Crown Victoria Police Interceptor vehicles caught fire and burned after highway speed rear-end collisions. The amounts of the settlements are not disclosed.

In three cases, law enforcement officers were burned to death in the line of duty. Officer Juan Cruz, Arizona Highway Patrol, was killed on December 9, 1998 in Tucson, Arizona. Officer Floyd "Skip" Fink, Arizona Highway Patrol, was killed on February 18, 2000, near Phoenix, Arizona and Deputy Sheriff Steven Agner was killed on July 26, 1999 in Madison County, Florida.

The settlements came as Arizona Attorney General, Janet Napolitano, is preparing to meet with Ford to discuss the safety of Ford Crown Victoria fuel tanks.

David Perry of Perry & Haas, L.L.P. and Pat McGroder of Gallagher & Kennedy, P.A. filed suit on behalf of Juan Cruz on December 5, 2000. During pretrial discovery in the Cruz case, Ford admitted that modifications should be made in its police interceptor vehicles because of the enhanced exposure that such vehicles have to highway speed rear-end collisions.

Texas Group Files Class Action Suit Against Ford As Concern About Dangerous Police Cruiser Grows

July 2, 2002 -- CORPUS CHRISTI, TX -- Nueces County officials today sued Ford Motor Company on behalf of all Texas counties and cities citing growing concerns over the safety of Ford's premier police cruiser -- the Crown Victoria Police Interceptor. A hearing has been set for 10 a.m., July 22, in Nueces County Court at Law No. 2 on the county's request that Ford immediately take steps to improve the cruiser's safety, forcing the auto maker to act before panels studying the issue are to make their recommendations.

At least 11 officers nationwide have been killed, and 7 seriously injured, in accidents where the gas tanks in Ford's police cars exploded after rear-end collisions. The latest victim, Chandler, Arizona Police Officer Robert Nielsen, 25, died June 12, prompting Arizona officials and national consumer groups to urge a recall.

The class action lawsuit seeks to force the automaker to make immediate safety modifications to about 25,000 Crown Victoria police cruisers in Texas, at Ford's expense, after notifying all law enforcement agencies of safety concerns.

At issue is the Crown Victoria's fuel tank, which is located behind the rear axle and within the vehicle's designated "crash zone." High speed rear-end crashes push the fuel tank against portions of the rear axle or suspension system with enough force to rupture the tank, spill fuel and ignite the vehicle.

The suit, with its request for immediate relief, puts Texas center stage in a growing outcry among law enforcement groups to halt use and purchase of the Ford police cruiser until it is made safe in high impact rear-end collisions. Two weeks ago, Ford announced it would appoint two task forces to study Crown Victoria safety issues and would announce results in 60 to 90 days.

"Study is not enough. We need a commitment to fix the problem," said attorney David Perry, of Corpus Christi, who is handling the suit. Perry recently settled four police car fire cases against Ford, two involving officers who survived rear-end crashes, only to burn to death.

"As a result of this class action we believe Ford can no longer ignore the cries of the widows and children of police officers killed in survivable collisions, in which inadequately protected fuel tanks ruptured and exploded," Perry added.

Joining in the announcement was Taylor, Texas, Police Officer Alan Neel, who barely escaped his burning cruiser on January 30, 2000, after it exploded in flames after being rear-ended by a drunk driver.

"It's incredible to me that I survived–that I was not killed or horribly burned. When I think about the other officers who have burned to death in these cars, or who live today with terrible injuries, it makes me angry," he said.

"Ford already possesses the technology to make the Crown Victoria Police Interceptor safe," Perry said. He pointed out Ford already equips its Mustang Cobra R specialty production vehicle with a fuel tank with a special ‘bladder' to keep it from rupturing in high speed collisions.

Nueces County District Attorney Laura Jimenez said county commissioners filed the suit because "a government body has a solemn obligation to provide for the safety of its employees while they are on the job."

Law officers are considered at greater risk for high speed rear-end collisions because of the amount of time they spend parked on the side of roadways, said Nueces County Sheriff Larry Olivarez.

"In many cases, there's little or no shoulder to pull onto, and even if there is, that doesn't protect them from reckless or drunk drivers plowing into their cars. The chances of their vehicles' being hit from behind are much higher than they are for civilian drivers," he noted.

Civilian models of Ford's "Panther" line -- the Crown Victoria, Mercury Grand Marquis and Lincoln Town Car -- are built the same as the police cruiser. The police vehicle has no increased protection, although it is at increased risk for fire-producing high speed impact.

"The tendency of the auto industry is to keep settling lawsuits until it gets too expensive, and then do something to correct a defect. Hopefully this class action will speed things up and we'll get some action before anyone else is killed or maimed for life," Perry said.

Ford, which controls 85% of the police car market, has estimated that some 400,000 Crown Victoria police cruisers currently are in use. Law enforcement agencies have pressed Ford since 1999 for Crown Victoria safety improvements.

Last fall, Ford issued a technical service bulletin to dealers stating that, upon request, they were to make two minor modifications to Crown Victoria Police Interceptors to lessen the chance of fuel tank punctures. These modifications involve replacing the parking brake bolt and grinding off the tab stabilizer bar bracket. Ford did not notify law enforcement agencies of the recommendations, however. Nueces County has started modifying its 110 vehicles per these specifications.

Meanwhile, Perry said all law enforcement agencies should:

1. Take patrol cars to Ford dealerships and request the technical service bulletin modifications be made. Agencies should save receipts pending the outcome of the class action.
   
2. To the extent possible, revise police procedures to avoid having vehicles stopped on or near high speed roadways.
   
3. Avoid using trunk space to carry objects such as jacks, unless they are wrapped in strong, non-puncture producing cases.

The National Highway Transportation Safety Administration opened an investigation into the fatalities in November.

Perry is nationally recognized as one of the country's leading product liability lawyers, with particular expertise in Ford fuel system cases. He is most widely known for the record $106 million verdict against Ford for both actual and punitive damages in Durrill v. Ford Motor Company (1978 Mustang II vehicle, case tried in 1983); has handled approximately two dozen Ford fuel system cases in Texas, Arizona, Florida, California, Indiana and Massachusetts with a total of verdicts and settlements in excess of $200 million.