Texas Group Concern Grows About Dangerous Police Cruiser

CORPUS CHRISTI, Texas, July 2 -- The following press release is being issued by the Corpus Christi law firm of Perry & Haas, L.L.P.

Nueces County officials today sued Ford Motor Co. 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 10:00 a.m. July 22nd 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 automaker to act before panels studying the issue make their recommendations.

At least 11 officers nationwide have been killed and 7 seriously injured in accidents in which the gas tanks in Ford's police cars exploded after rear- end collisions. The latest victim, Chandler, Arizona Police Officer Robert Nielsen, 25, died on June 12, prompting Arizona officials and national consumer groups to urge a recall. Filed in Nueces County Court at Law No. 2, the class action lawsuit, styled Nueces County, Texas v. Ford Motor Co., 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.

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

"Study is not enough. We need a commitment to fix the problem," said David Perry, of the Corpus Christi law firm of Perry & Haas, L.L.P., attorney for the Plaintiffs. Perry recently settled four police car fire cases against Ford, two of which involved officers who survived rear-end crashes, only to burn to death when their vehicles ignited.

"As a result of this class action, we believe that Ford no longer can 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 into 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 that Ford already equips the fuel tank of its Mustang Cobra R specialty production vehicle 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 to be at greater risk for high-speed rear-end collisions because of the amount of time they spend parked on the side of roadways, according to Nueces County Sheriff Larry Oliveras.

"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 Prix and Lincoln Town Car -- are engineered with the same defect as the police cruisers. The police vehicles have no increased protection, although they are at increased risk for igniting after 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 are in use currently. Law enforcement agencies have pressed Ford since 1999 for Crown Victoria safety improvements.

Last fall, Ford issued a Technical Service Bulletin (TSB) 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 that the TSB

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; and

3) Avoid using trunk space to carry objects such as jacks, unless they

are wrapped in strong, puncture-proof cases.

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

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

Those wishing to obtain further information about fuel-fed fires in Ford Crown Victoria vehicles or to register information about similar incidents involving Ford Crown Victoria police cruisers may do so by visiting www.CrownVictoriaSafetyAlert.com, or by calling toll free 1-800-775-6286.