85 Florida Bar Journal 4 (April 2011)
Co-Authored by Ted Leopold, Leslie Kroeger, and Diana Martin
Due to an aggressive campaign seeking to legislatively overrule the Florida Supreme Court’s decision in D’Amario v. Ford, 806 So. 2d 424 (Fla. 2001), the decision may no longer be good law by the time this article is published. The abolition of this decision, which held that the fault of an automobile manufacturer in a crashworthiness case ordinarily may not be apportioned with the fault of the driver of the vehicle who allegedly caused the initial crash,1 will be harmful not only to victims who suffer enhanced injuries in automobile accidents, but also to Florida’s consumers.