$132 Million Settlement Nine Years After Deadly Crash

2001 when he was thrown from a Ford Explorer during a rollover accident.  Nine years have passed since his death, but on September 2, 2010 his family finally won their lawsuit - this was their third attempt as the other two resulted in hung juries - against Ford Motor Company and was awarded $132 million.

The Clarion-Ledger in Mississippi has reported that a Jasper County Jury handed down the award. 

The Cole family attorney, Tab Turner of Arkansas, has had a great deal of experience filing lawsuits for his clients against the motor company and said, "It's the largest award ever against Ford in a lawsuit involving a Ford Explorer or Ford Expedition."

Ford officials also acknowledged the sum to be the largest initial awards ever made against the company. Brian Cole's cousin, and survivor of the crash, Ryan Cole, was also awarded $1.5 million.

It took the jury approximately 2 ½ hours to come back with the compensatory section of the case. The punitive damages, settled by Ford, were made for an undisclosed amount.

Thomas Tullos of Bay Springs, attorney for Ryan Cole stated that, "Justice prevailed."

In 1996 Cole was selected to the Dandy Dozen for football and was one of only three Mississippi prep athletes to hit a state record for home runs.

On March 31, 2001, Brian Cole was driving home to Mississippi from his spring training in Port St. Lucie, Florida.  The accident took place between the Florida and Georgia state lines on I-10.

Cole, per the lawsuit, veered to avoid another vehicle when his SUV rolled over.  He was thrown and pronounced dead at the Florida hospital.  His passenger, Ryan Cole, 17 at the time, was injured but survived.

Brian's death has been attributed in the lawsuit not only to the car model's problem with rollovers, but also with a defective seatbelt.

Marcey Evans, Ford's corporate spokesperson, told the Clarion-Ledger in a e-mail, "This was a tragic accident, and our sympathy goes out to the Cole family for their loss. But it was unfair of them to blame Ford.  Brian Cole had been driving over 80 mph when he drifted off the road for unknown reasons, suddenly turned his steering wheel 295 degrees, lost control and caused the vehicle to roll over more than three times.  The court denied Ford a fair trial by excluding evidence that the jury should have heard and considered about Brian's driving and the speculative nature of plaintiffs' claims."

Evans contended that since Ryan Cole was wearing a seatbelt he survived the rollover, while Brian Cole wasn't belted in and was ejected.

Mets officials considered Brian to be one of their top three prospects and planed to make him a starter for their 2003 baseball season.  Tullos said, "He was just an excellent kid and a great baseball player."

If you, or someone you hold dear, have been the victim of an injury or wrongful death due to a vehicle defect, contact a personal injury attorney for help!