LANSING, Mich. (Legal Newsline) - An attorney who performed work for Ford Motor Company and now wishes to sue it will get a chance to show why he shouldn't be disqualified from the case.
Donald Dawson defended Ford in dozens of product liability cases over 25 years but now wants to sue on behalf of a client known as T.M., who was severely injured in a collision in June 2021 while 12 years old.
The lawsuit says T.M. was seated in the driver's-side back seat in a Ford Fusion that was hit by another car, which caused the driver's seat collapse backward into T.M. and led to facial and skull fractures and a traumatic brain injury.
Dawson defended Ford in other cases alleging its seat backs were defective, and Ford moved to disqualify him. Among other arguments, Ford said Dawson had received confidential and privileged information while working for the company.
Dawson claimed his prior representation was not substantially related to T.M.'s case. He said he had never worked on a case alleging injuries to a child sitting in the back seat, or one dealing with the Gen-2 seat design at issue.
A Macomb County judge sided with Ford and booted him off the case, but the Court of Appeals in an Aug. 17 ruling vacated that order. Now, the Macomb court will conduct a hearing to determine whether Dawson was privy to confidential information that would give him an advantage in T.M.'s case.
It would be impossible for Dawson to have specific information on the Gen-2 seat design, which was implemented in 2013. Dawson's last case for Ford was 2009.
"However... a question remains as to whether Dawson had access to other privileged and confidential communications that might provide prejudicial to Ford," the court wrote.
That information could include defense strategies or proprietary documents.
Dawson's bio page on Fieger Law showcases the quote "He is no lawyer who cannot take two sides."