Ella Mae Else Case Summary

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On April 24, 2014, Ella Mae Else, who is the plaintiff, filed a lawsuit against Ford Motor Company, who is the Defendant in the 44th Judicial Court of Dallas County, Texas. In this case Else claims that she was trying to park her 2008 automobile on March 10, 2013 when the throttle got stuck and failed to shift to the neutral position, which caused the vehicle to sped up into the wooden area causing her some injuries. She argues that the accident was Ford’s fault for selling a defective vehicle, therefore Else demand compensation against the defendant due to Strict Liability for Design, Manufacture and Marketing a Defective Product. The Plaintiff demand exemplary damages because Ford 's misrepresentations were intentional, fraudulent and also…show more content…
The Plaintiff before filled a lawsuit in the state court she sought $335,000 in a demand letter. The court determined that the pre- suit demand or settlement is relevant to the amount in controversy in this case; therefore, the court determines that the Plaintiff settlement value made in August 2013 and should be relied on by the court. According to the court, the demand letter seeks almost five times of the jurisdiction threshold, as the plaintiff states in the demand letter that it will incur additional cost and medical treatment after August 27, 2013. Also, the Plaintiff did not file a reply to defendant 's response to the remand motion. Besides, she did not deny the demand letter or state that $335,000 was not a reasonable value for her case. The court concludes that the demand letter provides more that sufficient evidence of the amount in controversy and the defendant has met its Burden and denied the plaintiff 's Motion to Remand. I do not agree with the court decision to deny the Plaintiff notion the Remand. I believe the Plaintiff should be able to more money in compensatory damages because if she had lost her life, there is no money in the world that would bring her back. Ford Motor should be liable for manufacture defective

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