West family awarded $841,200 for fire damage after Ford dealership said to ignore recall

-wacotrib.com

06/21/2008- A West family whose home and vehicle were destroyed by a ford SUV fire sparked by a defective auto cruise control mechanism has been awarded $841,200 in a jury verdict against a Ford dealership that told the family to ignore a recall notice.

A 414th State District Court jury of six women and six men deliberated about four hours Wednesday evening and Thursday morning before siding with Brian and Kim Foitek, who sued Sykora Family Ford in West over the devastation Ford Expedition fire in April 2005 fire.

Ed Sykora, patriarch of the large, well-known family and longtime owner of the Ford dealership in West, declined comment after the four-day trial. His attorney, Lynn Fielder, of Dallas, said only that the verdict probably would be appealed.

Jurors found that Sykora Family Ford violated the Deceptive Trade Practices Act and acted with gross negligence in its dealings with the Foitek family, who brought their 2000 Ford Expedition in for an oil change on Jan. 28, 2005, the day after the Sykoras learned of a massive Ford recall involving overheating cruise control switches that presented fire threats.

“I am incredibly pleased with this verdict and that this jury had the courage to help the Foiteks and send a message loud enough so that this type of tragedy won’t happen to anyone else,” said Waco attorney Zollie Steakley, who represented the Foiteks with attorneys Matt Morrison and Bryan Harrison.

The jury verdict included $100,000 to cover the value of household goods and clothing lost in the fire at 210 S. Reagan St. in West, $3,000 for the cost of demolition, $60,000 for the market value of the home, $12,000 for the loss of the vehicle and $106,000 for the loss of sentimental contents of the home, such as family heirlooms.

The damage award also included $80,000 for past and future mental anguish suffered by the Foiteks, $100,000 because the conduct was committed knowingly, $100,000 in exemplary damages and $280,000 in attorneys’ fees.

With prejudgment interest applied, the verdict could reach $895,223, Steakley said.

The last settlement offer from the Sykoras’ insurance carrier before trial was $45,000, courthouse sources said Thursday.

Trial testimony showed that despite knowing about the recall and having unplugged cruise control switches on three other vehicles that day, Sykora employees did not unplug the Foiteks’ cruise control switch and sent them home without telling them about the recall.

About a month later, the Foiteks got a letter from Ford saying that their vehicle might be subject to a recall and instructing them to contact their dealership.

“They called Sykora Family Ford and were told not to worry about it, that there was a one-in-a-million chance of fire and were told to throw the letter away,” Steakley said.

Two months later, the family of four awoke to a loud pop about 11 p.m. The Expedition in the carport caught fire and caught the adjoining house on fire, burning it to the ground, according to trial testimony.

“From the day of the recall, Jan. 27, 2005, until the date of the fire, April 14, Sykora Family Ford fixed at least 52 other vehicles by unplugging the switch, and they just forgot about us,” Steakley said.

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