Case Name:
Plaintiffs Automobile Driver and Passengers v. Plaintiff’s Automobile Manufacturer and Defendant Automobile Driver (Confidential)
Amount:
$5,800,000
Facts:
On October 6, 2013, at approximately 2:00 a.m., plaintiff was driving a vehicle northbound in the City of Los Angeles. Also in the vehicle were 3 other plaintiffs. The plaintiffs were on their way to the hospital due to two (2) year’s unusually high fever. At the time of the incident, Defendant Driver was intoxicated and driving vehicle eastbound and entered the intersection on a red light where plaintiffs were traveling northbound.
Intoxicated Defendant driver T-boned plaintiffs’ vehicle at approximately 35 mph, impacting the left rear passenger door. Subsequently, the intoxicated Defendant Driver was convicted of driving under the influence of alcohol and causing bodily injury.
The force of the impact caused the left rear passenger door of the Plaintiff’s vehicle to open, resulting in the ejection of two of the Plaintiffs. After being thrown across the roadway, one of the Plaintiff’s came to rest on a sidewalk adjacent to the roadway. This Plaintiff suffered a traumatic brain injury and severe injuries to her hip, neck, jaw, and hand. The other passengers suffered serious injuries as well, including but not limited to head, neck, back, shoulder, and foot injuries.
Plaintiff’s Contentions:
Plaintiffs plead general negligence against intoxicated Defendant Driver for running a red light and causing said accident.
Plaintiff plead claims against the Plaintiff’s vehicle manufacturer entities for strict-product liability, negligent product liability, and negligent infliction of emotional distress. Plaintiffs contend that the Plaintiff’s vehicle was defectively designed since door-lock cable is too short, has no slack, and so acts like a tension rod and the inertia loading of the outside door handle combined with deformation of the rear-door outer panel caused it to unlatch.
Defendant’s Contentions:
Defendant vehicle manufacturer contended that the Defendant Driver was convicted of DUI and the Plaintiff’s vehicle was not built to take an impact of that severity at that speed.
Result:
Plaintiff was rewarded a settlement of $5,800,000
