Ford Sues Doctors, Hospital in Shoemaker Case
Ford Motor Co. filed suit in Los Angeles Superior Court last week against the doctors and hospital that treated Bill Shoemaker after his single-car accident on April 8, 1991. Since that night, Shoemaker has been a quadriplegic.
The suit is an attempt by Ford to recoup some of the $2.5 million that the auto manufacturer promised Shoemaker in a “good faith” settlement on March 8, 1993.
In that agreement, Shoemaker was given $1 million by Ford with the promise that Ford would give the former thoroughbred jockey up to $1.5 million more, pending litigation against the state of California and the doctors and hospital that treated him. Whatever money Shoemaker might receive from that litigation would be subtracted from the $1.5 million, meaning Ford’s additional liability ranges from nothing to $1.5 million.
The case against the state was thrown out but is being appealed.
If the suit against the doctors goes to trial, the judge would be asked to make a “finding of relative fault.” The judge would then determine how liable--if at all--the doctors and hospital were in Shoemaker’s injury.
Ford’s suit would allow the car company to recover not only the promised $1.5 million but a portion or all of the original $1 million paid to Shoemaker. Ford could not receive more than the $2.5 million it has promised Shoemaker, even if damages against the doctors and hospital turn out to be greater.
Shoemaker was driving a Ford Bronco II when his vehicle veered off the road, hit a berm and rolled 50 feet down an embankment. Tests showed Shoemaker’s blood-alcohol level at 0.13 at the time, above the legal limit of 0.08. He was not charged with driving under the influence.
“Ford denies any liability,” said Katherine Blackwell, a spokeswoman for Ford. “We settled out of court because litigation is expensive and uncertain. The settlement should not be taken as an admission of guilt.”
Shoemaker was taken to Glendora Community Hospital, where, Shoemaker’s attorneys contend, he was left a quadriplegic.
The suit originally named eight doctors, the hospital and Crippen Ambulance Service. Dr. Cerna Atil has been dropped from the suit and Crippen is expected to be dropped.
“It is absolutely outrageous that Ford would agree to pay $2.5 million on the assumption that they could recoup the money by suing the doctors,” said Gilbert Jones, an attorney representing one of the doctors. “It is an outrageous claim that they be indemnified. The reality is that they have no case, nor does Shoemaker, against the doctors.”
Neil Papiano, Shoemaker’s attorney, said, “(The most recent suit) is between the doctors and Ford and doesn’t involve us.”
A motion is scheduled to be filed on Nov. 30 to consolidate the Ford and Shoemaker suits.
