Burned Austintown cop’s case against Ford moves ahead

YOUNGSTOWN

Lawyers may make opening statements Wednesday in the trial of Austintown Patrolman Ross J. Linert’s multimillion dollar lawsuit, which alleges Ford Motor Co. made a cruiser, whose defects caused him to be badly burned in a fiery 116 mph rear-end crash.

Jury selection began Tuesday before visiting Judge Thomas P. Curran of Mahoning County Common Pleas Court, who is presiding over the trial, which is expected to last two to three weeks.

Linert and his wife, Brenda, allege in their lawsuit that the 2005 Ford Crown Victoria Police Interceptor cruiser Linert occupied when the crash occurred had a fuel tank that was improperly located behind its rear axle, without adequate shields or guards and without a fire suppression system.

Also named by the Linerts as a defendant is Adrien N. Foutz, 25, of Girard, who the suit says negligently rear-ended the cruiser Linert was driving Nov. 11, 2007, on Meridian Road at Interstate 680.

At the final pre-trial hearing, Jim Feeney, a lawyer for Ford, said no vehicle is leak-proof or fireproof at 116 mph; no vehicle is safer for police than the Crown Victoria; and the high-speed rear-end crash Foutz caused while she was under the influence of alcohol is responsible for Linert’s severe burns.

Foutz’ lawyer, Michael Marando, said Foutz accepts responsibility for causing the crash that fractured Linert’s ribs, but Marando said Linert’s burns resulted from defects the Linerts allege occurred in the cruiser’s design and manufacture.

In a separate criminal case stemming from the crash, Foutz pleaded no contest to aggravated vehicular assault and served 19 months in prison. Her blood-alcohol level was 0.279 — more than three times the legal limit, crash investigators said.