Robert M.N. Palmer and Scott A. Smith, The Law Offices of PalmerOliver, P.C., and David W. Little, Law Offices of David W. Little, P.C. attorneys for plaintiffs and Terrance Cushing, Bowman and Brooke LLP, and Kevin Schiferl, Locke Reynolds LLP, attorneys for defendant.

On May 20, 2004, 21-month-old Mandi Lynn Michael, was an occupant in a 2001 Ford Excursion as it was parked at the Michael residence in Arizona. On the above date and time, a load of hay was delivered to the Michael residence. Kimberly Michael, decedent’s mother, placed Mandi and her 3-year-old sister the subject 2001 Ford Excursion and drove to the hay barn on the Michael property. Mandi Lynn Michael was seated in a car seat, but was not fastened in the car seat. Kimberly Michael parked the subject vehicle a safe distance from the hay truck, and exited the subject vehicle to instruct the individuals delivering the hay where it needed to be placed. Mrs. Michael left Mandi and her sister in the subject Ford Excursion with the vehicle running to prevent the children from becoming too hot. The subject vehicle was parked where it was in Mrs. Michael’s view at all times. On the above date and time, Mandi Lynn Michael inadvertently activated the 2001 Ford Excursion’s passenger side rear power window. Mandi Lynn Michael was killed when she became entrapped in and strangled to death by the subject vehicle’s passenger side rear power window.

Mandi Lynn Michael suffered a terrible death because Ford Motor Company incorporated a toggle-type power window switch in the 2001 Excursion, which allows raising of the window by a child accidentally contacting the switch. The horizontally mounted toggle switch (also known as a rocker switch or see-saw switch) is activated by downward pressure on one end for lowering the window, and by downward pressure on the other end for raising the window. One of Plaintiffs' experts would have testified that the power windows in most current vehicles have the motor power to raise a smaller child's body. By accidentally exerting a small 2-pound downward force (average) on the power window toggle switch, the window is activated to exert an upward raising force of between 50 to 80 pounds. Since only 8-12 pounds is required to lift the window glass, the excess available force (40 to 70 pounds) is more than enough to lift and strangle a child. With an inadvertent touch on the toggle power window switch, the window raises in approximately 2 to 4 seconds before reaching the top. This obviously can trap a child's head or neck much more quickly than a child could move out of the window's path. The unrecessed toggle switch is a dangerous and defective device, since it allows the release of so much deadly energy through relatively minimal accidental contact by a child's knee or foot.

Ford, and the automotive industry in general, has for decades been aware of the dangers of power windows. Since their introduction into the U.S. market (without any safety controls) in the late 1950s and early 1960s, power windows have been the instruments of death to over 60 children.


The case settled for a confidential on September 7, 2006.