WROI News

Landmark 1980 trial against Ford put Winamac in spotlight, still reminder to take car recalls seriously

It's been 43 years since the Winamac community was thrown into the national spotlight during a landmark trial with the Ford Motor Company, who was accused of reckless homicide.

The actual tragedy did not happen in Winamac. The trial came after a fiery traffic crash that killed three teens in Elkhart County on Aug. 10, 1978. Judy Ulrich, 18, had been driving a 1973 Ford Pinto on U.S. 33 near Goshen, with her sister, 16-year-old Lyn Ulrich, and cousin, 18-year-old Donna May Ulrich. 

According to court documents, Ulrich had stopped at a gas station just before the accident. When Ulrich pulled back on the road, she slowed down to check the Pinto's gas cap. That's when a Chevrolet van driven by Robert Duggar, 21, rear-ended the Pinto. The vehicle erupted into flames.

Indiana State Police responded  to the crash and reported two bodies inside the vehicle and a third outside. Lyn and Donna May Ulrich burned to death inside the Pinto. Judy Ulrich later died at the hospital from her injuries. 

The investigation focused on the Pinto's gas tank right away. The safety of the fuel system in the Pinto had been previously questioned, causing Ford to issue a voluntary recall of its Pinto and Mercury Bobcat a month prior to the Ulrich crash. 

Court documents stated Duggar, the driver of the Chevrolet van, was not charged.

Ford Motor Company was indicted by the Elkhart Superior Court grand jury on three counts of reckless homicide in September of 1978. Charges were based on a 1977 Indiana law that allowed corporations to be charged criminally. The case was the first time in U.S. history that homicide charges were brought against a corporation.

On a change of venue motion in April of 1979, the case was moved to the small town of Winamac. Lawyers and members of the media descended on the Pulaski County community by the end of 1979. It was reported that every motel within a 30 mile radius had been booked through February, 1980. 

Opening arguments in the State of Indiana v. Ford Motor Company began January 15, 1980. Court documents showed the case was handled by Prosecutor Michael Cosentino. 

It was reported Cosentino told the jury that two former Ford employees and company documents would show management knew about the Pinto fuel system being unsafe. Costentino argued Ford management deliberately chose profit over human life.

An eyewitness reaccounted that the Chevrolet van that hit the Pinto was travelling around 40 to 45 mph, while the Pinto was travelling an estimated 35 mph when the collision occured. The Pinto was said to have blown up, 'like a napalm bomb' immediately after. It spun around and hit the curb after the explosion. Under cross-examination by Ford's attorney, the eyewitness would later admit that he wasn’t sure of the actual speeds.

The case would go to a jury of seven men and five women on January 10, 1980. Court documents read the jurors claimed the state failed to present them with enough evidence to prove Ford was guilty of reckless homicide, and returned with a not guilty verdict on March 13. Although Cosentino did have a budget of $20,000 to present his case, Ford was rumored to have a budget of $1 million. 

It was reported that although Cosentino hadn't won the case, the trial would at least serve as a warning to the business community to take vehicle recalls seriously. With vehicle recalls happening on a monthly basis, just last week Hyundai and Kai warned drivers of 90,000 vehicles they should park outside and away from building structures due to fire risk.

The recalled Hyundais and Kias were reported to have some electronic components that can overheat, causing damage that increases the risk of “localized melting,” the automaker said, and of fire. It's been the latest in a long, large series of other fire-related recalls from Hyundai and Kia vehicles in the past few years for a number of reasons. 

Hyundai models involved in the August recall are 2023 Hyundai Elantras, Sonatas, Tucsons and Konas as well as 2023 and 2024 Palisades. A total of more than 52,000 Hyundais in this recall are in the United States, with an additional estimate of 11,000 being in Canada. 

Kia is recalling an additional nearly 40,000 vehicles in the US. These include 2023 Kia Soul and Sportage vehicles and 2023 and 2024 Kia Seltos models. 

The companies will begin notifying owners about the recall in late September. Owners will be advised to take their vehicles to a dealership to have the oil pump replaced, if necessary, at no charge. 

Hyundai is aware of at least four thermal incidents related to this issue, but no confirmed crashes or injuries. Kia is aware of six incidents of localized melting but also claim no crashes, injuries or deaths have resulted yet from the problem, according to statements from both.

According to documents posted to the National Highway Traffic Administration's auto safety website, drivers are advised to watch for signs of a possible problem, which include various warning lights in the gauge cluster.

Drivers should also watch for smoke coming from underneath the vehicle, as well as burning or melting odors. 

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