Brogdon Et Al V. Ford Motor Company
Case Background
James Edward “Dusty” Brogdon Jr., as Executor of the Estates of Debra Sue Mills and Herman Edwin Mills, along with their surviving children, filed a wrongful death lawsuit seeking damages for their parents’ injuries and deaths.
The crash occurred in Decatur County, Georgia, but the lawsuit was filed in the United States District Court, Georgia Middle, Columbus, where their son and executor, Dusty, resides. Judge Clay D. Land presided over this lawsuit.
Cause
In August 2022, Debra Mills, 64, was driving a 2015 Ford F-250 Super Crew 4×4 King Ranch truck around a right-hand turn. She lost control, causing the truck to veer onto the right shoulder and hit a drainage culvert. The impact sent the vehicle airborne for about 80 feet. It then crashed into the ground and landed upside down.
Debra and Herman Mills suffered fatal injuries when the roof of their 2015 Ford F-250 Super Duty collapsed during the rollover crash. The truck flipped onto its roof, crushing them inside. Debra Mills died at the scene, likely aware that death was imminent. Herman Mills survived for nine agonizing days in the hospital before succumbing to his injuries.
Married for 30 years, the couple left behind three sons, their spouses, eight grandchildren, nine siblings, and many close friends.
Ford sold over 5.2 million Super Duty trucks between 1999 and 2016, all with nearly identical roofs. For more than 20 years, the company knew these roofs were dangerously weak, yet it continued selling them. As a result, hundreds—possibly thousands—of people have died, been paralyzed, or suffered severe injuries. Ford has refused to disclose the exact number of victims and has faced over 200 lawsuits related to roof crush incidents. Most cases were settled, except for three that went to trial.
In August 2022, a jury in Georgia awarded $1.7 billion in punitive damages against Ford in a similar case involving a 2002 F-250. Just three days later, Debra and Herman Mills became the latest victims of this ongoing defect when their truck rolled over in Decatur County.
Damages
The Plaintiffs’ damages resulted directly from Ford’s actions and failures, making the company responsible for their losses.
James Edward Brogdon Jr., Ronald Brian Brogdon, and Jason Edwin Mills, the surviving children of Debra and Herman Mills, seek damages for their parents’ wrongful deaths. They claim compensation based on the full value of their parents’ lives, as if they had survived. They also seek reimbursement for legal expenses.
As Executor of Debra Mills’ estate, James Edward Brogdon Jr. seeks damages for the suffering she endured before her death. She likely experienced fear and distress during the crash. Additionally, her estate claims compensation for her physical and emotional pain, funeral costs, and punitive damages meant to hold Ford accountable.
Similarly, as Executor of Herman Mills’ estate, Brogdon seeks damages for the suffering Herman Mills endured. He experienced terror during the crash and endured significant pain for nine days before passing. His estate also seeks compensation for his suffering, funeral expenses, and punitive damages to deter Ford from similar conduct in the future.
The Plaintiffs argue that Ford’s negligence caused their parents’ deaths and demand accountability. They seek justice for the pain their parents suffered and the irreplaceable loss their family now faces.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): James Edward Brogdon Jr. – Individually and as surviving child of Debra Sue Mills, as well as Executor of the Estates of Debra Sue Mills and Herman Edwin Mills, also known as Dusty Brogdon | Ronald Brian Brogdon – Individually and as surviving child of Debra Sue Mills, also known as Rusty Brogdon | Jason Edwin Mills – Individually and as surviving child of Herman Edwin Mills
- Counsel for Plaintiff(s): Allison Brennan Bailey | Daniel Evan Philyaw | Frank M Lowrey IV | Larae D Moore | Michael Brian Terry | Ramsey B Prather | James E Butler Jr
- Defendant(s): Ford Motor Company
- Counsel for Defendant(s): Charles Edward Peeler | Elizabeth B Wright | Harold D Melton | Michael R Boorman | Michael Eady | Paul F Malek | Philip Henderson
Claims
Negligence and Defective Design
Ford designed, manufactured, and sold the truck involved in the crash. The company had a duty to produce safe vehicles, but it failed to do so. The truck’s occupant protection system had a defective design, which caused the roof to collapse during the crash. This failure directly led to the deaths of Debra and Herman Mills.
Ford knew that vehicles must maintain survival space in a rollover but still chose a weaker roof structure to cut costs and increase profits. The company had the technology to design a stronger roof at a lower cost but did not implement it. Ford delayed using a safer roof until the 2017 model year, despite knowing that the previous design put occupants at risk.
Failure to Warn
As a vehicle manufacturer, Ford had a duty to warn the public about known dangers in its trucks. However, it failed to inform consumers about the risks of its weak roof structure. By not warning buyers, Ford contributed to the deaths of Debra and Herman Mills.
Punitive Damages
Before producing its “Super Duty” trucks, Ford knew the occupant protection system was dangerously weak. Despite repeated warnings from lawsuits, internal studies, and real-world crashes, Ford continued selling trucks with defective roofs. The company acted with reckless disregard for safety, justifying punitive damages.
Legal Costs
Ford acted in bad faith and forced the Plaintiffs into unnecessary litigation. The Plaintiffs seek compensation for legal expenses due to Ford’s stubborn and frivolous defenses.
Defense
Ford denied that the roofs in the 2015 F-250 Super Duty trucks had any defects. The company also rejected claims that the roof structure was dangerously weak. Consequently, Ford did not provide any warnings about potential risks. The company also argued as it had for years, that roof strength played no role in rollover crash injuries. Ford insisted that no clear connection existed between a vehicle’s roof strength and the severity of injuries in such accidents.
Jury Verdict
On February 13 and 14, 2025, the jury ruled in favor of Plaintiffs on the design defect claim and awarded both compensatory and punitive damages against Ford. The jury awarded:
- $512,352.80 in compensatory damages to James Edward Brogdon, Jr., as Executor of Debra Mills’s estate.
- $15 million in compensatory damages to James Edward Brogdon, Jr. and Ronald Brian Brogdon, as surviving children of Debra Mills.
- $5,012,599.90 in compensatory damages to James Edward Brogdon, Jr., as Executor of Herman Mills’s estate.
- $10 million in compensatory damages to Jason Edwin Mills, as the surviving child of Herman Mills.
- $2.5 billion in punitive damages to the estates of Debra Mills and Herman Mills, jointly.
The jury assigned 85% of the fault to Ford and 15% to Debra Mills. As a result, the court reduced Plaintiffs’ compensatory damages by 15%.
Before the verdict, the court granted Ford’s motion to dismiss the failure-to-warn claim. Plaintiffs also withdrew their claim for attorneys’ fees and litigation expenses, leading to judgment in favor of Ford on that issue.
On February 14, 2025, the court issued a final judgment in the case against Ford. The court ordered Ford to pay:
- $435,499.88 to James Edward Brogdon, Jr., as Executor of Debra Mills’s estate.
- $4,260,709.92 to James Edward Brogdon, Jr., as Executor of Herman Mills’s estate.
- $2.5 billion in punitive damages jointly to the estates of Debra Mills and Herman Mills.
- $12.75 million to James Edward Brogdon, Jr. and Ronald Brian Brogdon.
- $8.5 million to Jason Edwin Mills.
The court ruled in favor of Ford on the failure to warn and attorney’s fees claims. Additionally, Plaintiffs will receive post-judgment interest at the legal rate and recover litigation costs from Ford.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
Leave A Comment