Ford Motor Co. v. Hetsler, Case No. 5D2024-2368 (Fla. 5th DCA July 31, 2026)

Robert Hetsler sued Ford Motor Company, alleging that he suffered injuries due to a manufacturing defect in a Ford Mustang. The case proceeded to trial. Ford moved for a directed verdict on the grounds that Hetsler offered no direct evidence that a defect caused his injuries, and the inference set forth in Cassisi v. Maytag Co., 396 So. 2d 1140 (Fla. 1st DCA 1981)—i.e., that the jury may infer a defect when a product malfunctions during normal operation—should not apply. The trial court denied the motion and submitted the case to the jury. The jury returned a verdict for Hetsler.

Ford appealed to the Fifth District Court of Appeal, which issued a per curiam affirmance. Ford then moved for rehearing en banc, a written opinion, or certification to the Florida Supreme Court, arguing that the per curiam affirmance amounted to approval of the trial court’s application of Cassisi’s inference.

The Florida Justice Reform Institute, with leave of court, filed an amicus brief in support of Ford’s effort to obtain a written opinion, rehearing en banc, or certification of a question to the Florida Supreme Court. Among other things, the Institute argued that a written opinion was necessary to delineate the precise scope of the Fifth District’s decision—particularly any expansion of permissible inferences that departs from traditional liability principles—so that the business community can reliably assess risks and adjust its practices accordingly.

The Fifth District denied Ford’s motion for rehearing en banc, a written opinion, or certification. Instead, the court issued a written opinion on its own motion, in which it explained that it affirmed the trial court’s order because Ford failed to sufficiently brief the issues on appeal. Although the court discussed Ford’s arguments, it did not reach their merits. The resulting amended opinion affirmed the trial court’s order.

The Florida Justice Reform Institute was represented by Jason Gonzalez and Robert E. Minchin III of Lawson Huck Gonzalez, PLLC, and William W. Large of the Florida Justice Reform Institute.