A woman who claims she experienced excruciating pain and is now severely disabled as a result of receiving vibrations and shocks from the accelerator pedal of her new Ford car in 1997 has told the High Court she felt her complaints about the car were dismissed by a senior employee of Ford in Cork.
Ms Marian Varian (32), a mother of two, said a Mr Tom Slattery with Ford had, at her request, taken the Ford Fiesta for a drive some weeks after she bought it in late January 1997 and had told her that if he had not been told there was a vibration problem, he would not have looked for it.
She also said that it appeared that her decision to go to Mr Slattery had annoyed the dealer company where she had bought the car in late January 1997 and she was told that works on the car would not be carried out.
She agreed that a salesman with that the dealer, the CAB Motor Company Ltd, had told her at some time before March 12th, 1997, that there was no more vibration from the car than he would expect from any other car. She also accepted that a mechanic who inspected the car at the CAB premises had taken the view that it was normal.
Ms Varian was being cross-examined by Mr Denis McCullough SC, for Ford, in the continuing action brought by herself and her husband, Edward, against CAB Motor Co Ltd, Monahan Road, Cork, Lombard and Ulster Banking Ltd and the car's manufacturers, Henry Ford and Sons Ltd.
The case before Mr Justice Kearns is to assess whether a defective car is responsible for Ms Varian's injuries. The issue of liability will be dealt with at a future date.
When opening the case, Mr Henry Hickey SC, for the Varians, said it was a defective car which caused his client her serious injuries at the age of 24 and those injuries were likely to continue to affect her. It is claimed Ms Varian's problem is dystonia, a syndrome of sustained muscle contraction and muscle rigidity which causes painful spasms and can lead to unusual fixed postures and movement patterns.
The defendants deny the claims. Mr McCullough SC, for Ford, has said there was no defect in the car and, in particular, that there was no vibration from the acceleration pedal other than what would be the normal vibrations.
While Ms Varian had "a most extraordinary gait and posture", it would be argued, which had nothing to do with any alleged problem with the car, and that her condition was a motor conversion syndrome. Mr McCullough said a movement disorders expert would say that this was not an organic or neurological dystonia as alleged.
The court has heard Ms Varian bought the car from the CAB motor company on January 31st, 1997. She claimed that after 15-20 minutes driving the car from the premises, she felt a vibration-type shock from the accelerator pedal. The more she put her foot on the accelerator, the more she could feel a significant vibration. It was so bad that she had pins and needles at the end of the drive.
The next day she experienced such a shock from the pedal that she had to get out of the car. She experienced excruciating pain. She said her pain worsened and had set in after a three-week period. The car was returned to CAB in early May 1997.
In cross-examination, Mr McCullough told Ms Varian her recollection of her dealings with CAB differed from theirs and he would be calling evidence from those persons who dealt with her. The case continues today.
