Crashworthiness Settlements
Below are examples of actual auto defects cases that resulted in verdicts for victims of dangerous autombile design.
Buongiovanni v. General Motors Corp. ($28 million award)
Pennsylvania, 1998
Chevrolet ChevetteA driver, who was operating a Chevrolet Chevette on a highway, back up to the missed exit. He backed up the Chevette until he was at the point where he could pull off onto the exit ramp. At this time, both the driver and the plaintiff testified that headlights illuminated the Chevette's rearview mirror. Plaintiff claims she turned around in her seat to look out of the rear window. Realizing that another vehicle was about to hit the Chevette, she turned back around in her seat and was facing forwards at the moment the collision occurred.
A third driver testified that he was travelling down the entrance ramp to Woodhaven Road in a Honda Prelude at approximately 50 miles per hour when he saw the Chevette with its reverse lights on about 10 car lengths in front of him. He looked at his left side-view mirror to see if there was space to merge onto Woodhaven Road, but there were cars in the right lane of Woodhaven Road blocking his way. When he was approximately five car lengths behind the Chevette, The third driver realized that he was not going to be able to avoid a collision and "slammed" on his brakes and steered the Prelude to the left. The Prelude hit the left rear corner of the Chevette. The Chevette spun forward and rotated to the right, travelling approximately 55 feet after the impact before coming to rest.
Upon impact, the left rear portion of the Chevette crumpled behind driver's seat and prevented his seat from collapsing rearward. With nothing behind her seat to support it, the plaintiff's seat collapsed rearward in approximately one-sixth of a second after the impact. Her upper body traveled partially into the rear area of the car and her head struck the interior of the Chevette in the back seat area.
The plaintiff suffered a fractured vertebra and, as a result, is now a quadriplegic. Plaintiff sued manufacturer on claims of negligent design. At trial the jury awarded plaintiff $28 million in damages.
Green v. General Motors Corp. ($25,110,484.90 award)
New Jersey, 1998
Chevrolet CamaroIn 1986, plaintiff, then twenty-four years old and five feet, nine inches tall, was employed as a "car jockey" by Sullivan Chevrolet, an automobile dealership in Roselle Park. He was driving one of his employer's automobiles, a brand new 1986 Chevrolet Camaro IROC Z28 sports coupe, a two-door vehicle designed and manufactured by defendant.
The Camaro was equipped with a "T-roof," a "luxury option" provided by GM. In 1986, the Camaro was constructed with both an "A-pillar" and a "B- pillar." The A-pillar consisted actually of two pillars and a header which held the front windshield and supported the door hinges. The B-pillar similarly supported the rear window. In the T-roof Camaro there was a steel "center T-bar" welded into the center of the front windshield header and the rear window header. The roof design is called a "T-roof" or "T-top" because the T-bar is the only connection between the A and B pillars. Removable glass panels were supported by the front and rear headers and the T-bar, and provided a convertible-like feeling and driving experience when they were removed. When installed, they provided greater protection from the weather and more security than a canvas-top convertible. As plaintiff drove the Camaro north on Chandler Avenue with both glass panels inserted and the side windows rolled up, he was accompanied by a friend, Marc Alexander, seated in the front passenger seat. Both plaintiff and Alexander were wearing their seat belts. The legal speed on Chandler Avenue was twenty- five miles per hour; however, plaintiff was apparently greatly exceeding the speed limit. As he came over a slight rise on Chandler Avenue, plaintiff saw a school van proceeding south on Chandler Avenue. According to the driver of the van, her speed was approximately twenty-five miles per hour when she first saw plaintiff's car. The only indication of how much this speed may have actually decreased by the time of the collision, is the van driver's estimate that her speed at contact was five miles per hour. When plaintiff first observed the school van, it was only one or two car lengths away and was "right in the middle of the road" and "on the center line." To avoid a head-on collision, plaintiff applied the Camaro's brakes and attempted to steer to the right, however, the left rear side of the Camaro, just behind the driver's-side door, struck the left front corner of the van at a thirty to forty-five degree angle. The jury awarded plaintiff $13,000,000 for future medical expenses, $149,315 for loss of past income, $305,860.35 for loss of future income, and $4,000,000 for pain and suffering. Plaintiff's past medical expenses of $312,000 have been stipulated. The total damage award was therefore $17,767,175.35, which with prejudgment interest and costs, and a credit for a settlement with other defendants, totaled $25,110,484.90.
Jeep Corp. v. Walker ($19.5 million award)
Florida, 1988
Jeep CJ-5The plaintiff was rendered a quadriplegic when the CJ-5 Jeep, in which she was riding as a passenger, was involved in a collision with another automobile and rolled over. The jury verdict awarded 9.5 million dollars in compensatory damages to the plaintiff, labeling Jeep and American Motors Corporation 55% at fault and the driver of the other vehicle 45% in error. Additionally, the jury awarded 10 million dollars in punitive damages against Jeep
Hasson v. Ford Motor Co. ($9.24 million award)
California, 1982
Lincoln ContinentalIn 1970, plaintiff James Hasson, then a 19-year-old college freshman, borrowed his father's 1966 Lincoln Continental to take some visiting friends on a tour of portions of the Los Angeles area. He drove his friends to the top of Mount Olympus Drive and as the car descended, its brakes failed. James' efforts to slow the car by using the emergency brake and by throwing the transmission into reverse proved unavailing, and the vehicle careened down the steep, curving street, eventually crashing into a fountain at the base of the hill. James suffered a severely fractured skull which caused extensive brain damage and abruptly ended his pursuit of a college education and projected medical career. In addition, he has encountered profound psychological problems and total, permanent physical disability. At trial, the plaintiffs relied on theories of strict liability and negligence. They attempted to prove that the accident was the result of brake failure which occurred when during operation of the vehicle the brake fluid heated up enough to cause it to vaporize. Hasson's experts testified that Ford was aware of the danger of brake failure due to heat-induced fluid vaporization; they expressed the opinion that Ford should have increased the safety of the brake system by measures such as warning dealers and owners to periodically replace used fluid with new fluid having a higher boiling and vaporization point. Alternatively, plaintiffs' experts testified that Ford could have installed a dual master cylinder at minimal cost to prevent complete brake failure in the event of fluid vaporization. The necessity of proving this highly technical theory of liability caused the retrial to be lengthy and complex. It lasted nearly 3 months, required the calling of 50 witnesses, and generated a reporter's transcript of almost 6,000 pages. Hasson and Ford produced experts who testified in excruciating detail about the design of the brake system installed in 1965 and 1966 Lincoln Continentals, the scientific properties of brake fluid, and measures Ford could or should have taken to alleviate the danger of brake failure. Furthermore, there was extensive proof of James' catastrophic injuries and his years of medical history since the accident. The jury found Ford to be negligent and strictly liable in tort; it awarded plaintiffs $7,570,719 in compensatory damages and $4,000,000 in punitive damages. The court ruled that the compensatory damages award was excessive and compelled plaintiffs to consent to a reduction of the award to a total of $9,247,719 in order to avoid a new trial.
Ford Motor Co. v. Massey ($7 million award)
Arkansas, 1993
Ford BroncoIn 1990, Dean Massey and his wife, Connie Massey, were in a wooded area in Saline County, Arkansas. Dean backed up the couple's 1986 Ford Bronco near to some hickory saplings. He got out of his truck and walked several feet behind it in order to fasten a chain around two of the trees. Connie moved to the driver's seat and began to back the Bronco toward the trees so that Dean could attach the chain to the truck.
Dean next heard the engine rev. He looked up and saw the Bronco three feet away "coming fast" toward him. Witnesses testified at trial that Dean was caught underneath the vehicle and dragged over the hickory saplings, a five-inch-thick pine tree, and thigh-high underbrush. Dean suffered neck and back fractures, which severed his spinal cord and rendered him a quadriplegic. On August 21, 1991, Dean and Connie Massey filed a tort action against the appellants, Ford Motor Company and Quality Ford, Inc., on the basis that the throttle cable assembly of their 1986 Ford Bronco was defective. After seven days of trial, the jury returned a $7 million verdict on the strict liability claim, with interest to accrue at 8 1/2 percent per annum.
Compton v. Subaru of America, Inc. ($6,574,081 award)
Kansas, 1996
Subaru GL Station WagonIn 1988, plaintiff and four other teenaged friends consumed several six-packs of beer and drove around Scott County, Kansas, in a 1982 Subaru GL Station Wagon. While traveling on U.S. Highway 83, the teenagers spotted the automobile of Mr. Compton's ex-girlfriend. Tailing behind, the Subaru weaved back and forth across the yellow line until one of the teenagers reached over and yanked on the steering wheel, causing the driver to lose control. The Subaru skidded across the highway, entered a ditch, and rolled over twice. During its first roll, Compton, seated in the rear seat behind the driver and not wearing a seatbelt, suffered a spinal cord injury resulting in quadriplegia. Steven D. Compton brought this products liability action after sustaining severe injuries in an automobile rollover accident. Mr. Compton sued the automobile manufacturer, Fuji Heavy Industries, Ltd. (Fuji), and the distributor, Subaru of America, Inc. (Subaru), alleging the accident vehicle was defectively designed. After a jury trial, Subaru and Fuji were found 56% at fault for Mr. Compton's injuries, and judgment was entered against them in the amount of $6,574,081.
Grimshaw v. Ford Motor Co. ($6.5 million award)
California, 1981
Ford PintoA 1972 Ford Pinto hatchback automobile unexpectedly stalled on a freeway, erupting into flames when it was rear ended by a car proceeding in the same direction. Mrs. Lilly Gray, the driver of the Pinto, suffered fatal burns and 13-year-old Richard Grimshaw, a passenger in the Pinto, suffered severe and permanently disfiguring burns on his face and entire body. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. Following a six- month jury trial, verdicts were returned in favor of plaintiffs against Ford Motor Company. Grimshaw was awarded $2,516,000 compensatory damages and $125 million punitive damages; the Grays were awarded $559,680 in compensatory damages. On Ford's motion for a new trial, Grimshaw was required to remit all but $3 1/2 million of the punitive award as a condition of denial of the motion.
Cruze v. Ford Motor Co. ($ 6.5 million award)
Tennessee, 1999
Ford EscortCruze was in her 1994 Ford Escort, headed north on Highway 11W in Grainger County, Tennessee, when another driver, Bowlin, traveling south on 11W, made a left turn in her path. Bowlin's Pontiac Grand Am collided with Cruze's Ford Escort, with the initial impact at the Ford's left front bumper. Bowlin sustained minor injuries. Bowlin's 4-year-old child, a passenger in her car, suffered no injuries, and her mother, also a passenger, suffered injuries requiring five days' hospitalization. Cruze was wearing a manual lap seat belt with an automatic shoulder harness, which were in place when the emergency crew arrived to assist her. Her car was also equipped with a driver-side air bag, which had deployed. She suffered a cervical fracture at C6-7, resulting in quadriplegia.
It was uncontested that Cruze was not at fault. Both Cruze and Bowlin alleged that Cruze's injury was due to a defect in the Ford's air bag system. At trial, Cruze's expert testified that the injury was caused by the late deployment of the air bag and that there could be no other reasonable explanation. Cruze also presented expert engineer testimony that the late deployment of the air bag was caused by design changes in the air bag crash sensor system utilized by Ford and because this particular unit was defective. He was also critical of Ford's crash testing methods, which he opined should have predicted this unfortunate injury if the testing had been more comprehensive. The Jury found that Cruze had sustained $6,565,864.84 in damages and apportioned 90% of the fault to Ford, resulting in a judgment against Ford in the amount of $5,909,278.36. Bowlin was apportioned 10% of the fault, resulting in a judgment of $656,586.48 against Bowlin.
Toyota Motor Co., Ltd. v. Moll ($5,004,886 award)
Florida, 1983
Toyota CoronaPlaintiffs allege that the fuel tank system in a 1973 Toyota Corona was defectively designed. In 1979, the driver of a 1977 Mercury Cougar lost control of her car on a rain-slick portion of Interstate-95. The Mercury spun 180 degrees and came to rest sideways across I-95. At that instant, three young sisters, Wendy, Pamela and Denise Moll, were also proceeding north on I-95 in their 1973 Toyota Corona. They saw the Mercury and managed to stop either a short distance away or after lightly touching the Mercury's bumper. No one was seriously injured. Moments later, however, the Toyota was struck in the left rear by a 1969 Oldsmobile traveling between twenty-eight and forty miles per hour. The impact caused the Toyota's fuel system to rupture and the doors jammed and the three Moll sisters were burned to death. Mrs. Betty Moll, the girls' mother and personal representative, instituted suit against Toyota in its corporate forms as manufacturer, exporter from Japan and importer into the United States. The complaint alleged that the girls' deaths were caused by the defective design of the fuel system and, therefore, each corporate defendant was liable under theories of negligence, breach of warranty and strict liability. The jury found for the plaintiff and returned a verdict against the manufacturer in the sum of $2,004,886 compensatory damages and $3,000,000 punitive damages.
Johnson v. Ford Motor Co. ($5 million award)
Oklaholma, 2002
Ford RangerIn 1997, nineteen-year-old Ricky Johnson (Johnson) apparently lost control of his 1988 Ford Ranger pickup truck while driving on a country road in Tecumseh, Oklahoma. The pickup went off of the right side of the road, swerved to the left side of the road, flew off the road and the edge of a creek bank, smashed into an embankment, and landed at the bottom of the creek bed on its passenger's side. During the accident, Johnson's seat belt webbing tore apart at the latch plate and he landed against the passenger-side door. Johnson sustained a broken pelvis, broken left arm, broken bone in his spine, ruptured bladder and a severe head injury with bruising and hemorrhaging in the brain. As a result of the brain injury, Johnson has permanent physical impairment and a reduction in his mental functioning. Ford defended, denying that the seat belt was defective, or that it was the cause of Johnson's injuries. A jury returned a verdict in favor of Johnson for $5,000,000.00.
Ford Motor Co. v. Nowak ($4.4 Million)
Texas, 1982Plaintiff stopped her car in the driveway and attempted, but failed, to shift completely into Park; that, after shifting into what she apparently thought was Park, she left the engine running and walked behind the car to close the driveway gate; that as she was closing the gate, the car shifted into reverse, striking and rolling over her, causing her death. Her estate contended that this self-shift occurred because Ford defectively designed and marketed a transmission control system that could be left between the Park and Reverse positions on a flat area referred to as the gatepost. In this connection, Nowak specifically alleged that the major defect in the Ford transmission design is in the design and mechanical operation of the part known as the rooster comb. The jury further found pecuniary damages in the amount of $400,000 and punitive damages in the amount of $4,000,000.
Stackiewicz v. Nissan Motor Corp. in U.S.A.
($3.1 million award)
Nevada, 1984
DatsunThe plaintiff purchased the Datsun new from the dealer, Carson City Investors and was operated normally in Carson City and the surrounding area. Nothing unusual was observed in the operation of the vehicle from the date of purchase to the date of the accident about two months later. At the time of the accident the vehicle had been driven approximately 2,400 miles. The vehicle was given a 1,000 mile service check by the respondent dealer prior to the accident and no significant-complaints were made to the dealer concerning its mechanical operation. The only unusual matter that Elizabeth noted concerning the Datsun was a clicking in the steering column.
On the day of the accident, Elizabeth, her mother, Veronica Wright, and Kimberly Seames, a friend, departed Carson City in the Datsun for Reno. Elizabeth was driving. Mrs. Wright was in the passenger seat, and Kimberly Seames was seated in the middle of the rear seat. The weather was clear and dry. There was no significant wind. Highway 395 northbound had two 12 foot lanes, a 3 foot shoulder on the west and a 10 foot shoulder on the east in the area of the accident. There was a 60 foot median west of the highway which divided the northbound and southbound lanes.
Elizabeth was in the right-hand lane, behind another vehicle, when she proceeded to pass that car on the left. She was traveling at 50-55 miles per hour. After Elizabeth passed the car, her own vehicle kept turning to the left. She attempted to turn the car back to the right. The steering wheel locked and would not turn. The testimony was that all four wheels of the car were still on the pavement at that time. Elizabeth's mother told her to turn the car back on the road. Elizabeth told her mother she could not turn the car and Mrs. Wright reached over to help her. The steering wheel would not turn. The car then hit a highway marker and rolled over and down the median, ending in an upright position. Plaintiff's expert witness testified that defects are difficult to locate but that the existence of a defect should not be eliminated because it had not been found. The expert testified that the brakes on the vehicle were applied at a point which would place the vehicle entirely on the road at the time of their application. It was his opinion that the locking of the steering wheel caused the vehicle to go off the road. The jury awarded the plaintiff approximately $3,100,000.
General Motors Corp. v. Edwards ($2,875,000 award)
Alabama 1985
Chevrolet ChevetteIn 1981, Robert and Marion Edwards and their two sons, Kelvin, age seven, and Reginald, age six, were en route from Marion to Montgomery, Alabama in a 1980 Chevrolet Chevette. As the Chevette travelled through Lowndes County along U.S. Highway 80 approaching Montgomery, it was struck from behind by an Oldsmobile driven by Dan Jerome Jarrett. Although Jarrett's speed was hotly disputed at trial, it is undisputed that he was exceeding the fifty-five mile per hour speed limit by at least twenty miles per hour, and that he had been drinking. Upon impact, the Chevette burst into flames and spun to the right shoulder of the road. Mr. Edwards, after finding the front driver's-side door jammed, managed to kick open the front passenger-side door, crawl over his wife, through that door, and pull her from the flames after him. He then attempted to rescue his sons from the rear of the car, but was unable to do so because of the intense heat. Both children perished in the flames.
The Edwardses brought suit against General Motors (G.M.), the manufacturer of the Chevette, and Jarrett, asserting, inter alia, that Jarrett was negligent in the operation of his vehicle, and that G.M. sold the Chevette in a defective and unreasonably dangerous condition. In particular, they alleged that the design of the gas tank, which was placed in the "crush zone" (between the rear bumper and axle of the Chevette), the fuel filler neck, which was rigidly connected to the left rear quarter panel, and the doors, were defective. After a lengthy trial the jury returned a verdict finding both Jarrett and G.M. liable for the Edwardses' personal injuries, but finding only G.M. liable for the wrongful deaths of Kelvin and Reginald. The jury returned a verdict completely exonerating Jarrett but holding G.M. liable for $2,000,000 in each of the wrongful death claims, $50,000 for Mrs. Edwards's injuries and $25,000 for Mr. Edwards's injuries. Pursuant to G.M.'s motion, the trial court remitted each wrongful death award by $600,000 to $1,400,000, making the total verdict against G.M. $2,875,000.
Sumnicht v. Toyota Motor Sales, U.S.A., Inc.
($2.35 million award)
Wisconsin, 1984
Toyota Corolla
This case arises from an automobile accident which occurred sometime after 2:00 a.m. on May 16, 1976, when the vehicle in which Vernon C. Sumnicht was a passenger left the roadway on a curve and collided with a tree. Sumnicht was rendered a quadriplegic as a result of this accident.
The accident occurred on Highway 89, approximately five miles south of Whitewater, Wisconsin. The evidence is clear that immediately prior to the accident, Sumnicht was lying down, with his head behind the driver's seat, in the back seat of a 1975 Toyota Corolla two-door sedan operated by Edmund C. O'Connor, Jr. Sumnicht was not using the available seat belt. Jack Vallerugo was riding in the front passenger's seat of the Toyota, which was equipped with bucket seats. The vehicle headed north on Highway 89, when it entered a large curve in the roadway. The Toyota drifted off the highway, traveling approximately 303 feet along the shoulder. It then crossed a drainage ditch and climbed a grass incline before hitting the tree head-on. At the moment of impact with the tree, the Toyota was estimated to be traveling between thirty and fifty miles per hour.
O'Connor sustained chest injuries, from which he fully recovered. Vallerugo also received chest injuries and died en route to the hospital. Sumnicht suffered a fractured dislocation of his cervical spine at C6-7, which caused his quadriplegia. Other than his severed spinal cord, Sumnicht had relatively minor injuries, which consisted of two chipped teeth, a possible fractured rib, and two leg lacerations. The trial commenced on January 31, 1983, lasting over three weeks. Sumnicht's liability case revolved around the theories that the front seat system of the Toyota was both defective and unreasonably dangerous and negligently designed and manufactured. The jury awarded 4.7 million dollars for the plaintiff's personal injuries, including his pain and suffering, past and future; his permanent disability; his loss of earnings, past and future; and his medical, hospital, drugs, and nursing care, past and future. These damages were awarded specifically for injuries which plaintiff sustained over and above injuries which he would have probably sustained from the collision without the defective design in the seat system. The trial court reduced the damage award by the percentage of negligence attributed to O'Connor, denied Toyota's motions after verdict, and entered judgment against Toyota in the amount of 2.35 million dollars.
Sours v. General Motors Corp. ($2,331,738.40)
Ohio, 1983
Chevrolet CamaroIn 1981 a jury awarded Dennis C. Sours and his father Olen Sours $2,282,402.00 and $49,336.41, respectively, for personal injuries sustained by Dennis, on September 30, 1976, when his 1968 Chevrolet Camaro slid off the road and rolled over in a one-car accident, and for hospital and medical expenses incurred by Olen. Dennis' neck was broken in this crash as the result of the partial collapse of the roof of the car when it rolled over. Dennis was left a quadriplegic. The jury, in its answers to special interrogatories, found that GM was liable for the injuries and damages sustained, first, because it negligently had designed the car's roof so that it could not withstand the low-speed roll-over, and, second, because the roof structure constituted a defective product under the principles of strict liability. The jury also found that Dennis' injuries were proximately caused by the collapse of the car's roof and that the car had not been substantially modified so as to relieve GM of liability.
Caprara v. Chrysler Corp ($2 million award)
New York, 1981
Dodge CoronetPlaintiff, Caprara, was driving the vehicle into a downhill curve on Congress Street in Troy, New York, at 25 to 30 miles per hour when, as he attempted to turn his steering wheel to navigate the turn, "the wheel seized right up", causing the car to swerve out of control and crash with consequential injuries which include quadreplegia. An experienced driver, whose familiarity with automobiles was heightened by employment in an automobile shop, plaintiff also testified that the steering mechanism had never been altered from the condition it was in when the car was sold by the defendants a year earlier and that, in the intervening time, it had functioned uneventfully. Plaintiff's expert witness, implicated a defective lower front ball joint, which helps carry the weight of the car, as the cause of the accident. They found all other parts which could have contributed to the mechanical failure experienced by the plaintiff in good condition.
Specifically, the plaintiff's witnesses established that, though the automobile had only traveled some 9,000 rather than the 80,000 to 150,000 miles the ball joint concededly was intended to last, by actual measurement, it displayed an amount of wear so excessive that it had reached the replacement point and no longer met the State's official motor vehicle test requirements. Moreover, they went on to explain that, in this condition, it was possible, especially at a time when a downhill shifting of weight and a left hand turn would combine to put stress on the right front, for the joint to move into a chance position in which it could suddenly produce precisely the kind of binding effect Caprara described. The jury found for the plaintiff and, on the issue of damages, awarded $3,600,000 which the court subsequently reduced to $2 million.
King v. Ford Motor Co. ($1,848,109.84 Award)
Kentucky, 2000
Ford Escort
In 1994, Patti Ann King, Ginger Brockman, and Erica Brockman were in Ginger Brockman's 1992 Ford Escort, approaching McKee, Kentucky at about thirty to thirty-five miles per hour. King was in the front passenger's seat, Ginger Brockman was driving, and Erica Brockman was in the back seat. A pickup truck traveling in the opposite direction, driven by sixteen-year-old Brian Coyle, unwisely attempted to turn in front of Brockman's car, into the driveway of a Dairy Freeze restaurant. The front of the Escort clipped the truck, causing a Delta V, or change in velocity, in the car on the order of twenty-seven miles per hour.
The Escort employed a "passive" or "automatic belt" restraint system in its front seats. The system consisted of a two-point motorized shoulder belt that automatically locked in place when the occupant closed her door; a knee bolster designed to restrain the lower torso; and a manual lap belt. For a period of about six months, King had owned an Eagle Talon with a similar system, and she was described as an "avid seatbelt user." At the time of the accident, however, King was wearing only the automatic shoulder belt and not the manual lap belt. She apparently had the lap belt on earlier in the trip, but after her party stopped at the Gray Hawk store to buy a newspaper, she failed to re-engage it. King suffered massive injuries in the accident--several fractured ribs and a fractured collar bone; lacerations to both lungs; and a tear to the left auricle of her heart. She ultimately died of a lack of oxygen to her brain as a result of her heart and lung injuries. King's estate alleged that her injuries were the result of defects in the Escort's restraint system and filed suit, At trial, after first being sent back for further deliberations after returning inconsistent answers to interrogatories, the jury found Ford liable on both claims and awarded damages in the amount of $1,848,109.84
Lee v. Volkswagen of America, Inc. ($1.8 million award)
Oklaholma, 1984
Volkswagon BeetleThis suit arose from a collision between a station wagon driven by Marilyn Guffey and a 1964 Volkswagen "Beetle" driven by the plaintiff, Tom Lee. Plaintiff's car was traveling at approximately 15 miles per hour when it was struck on the right front side by Guffey's station wagon traveling at a speed of approximately 35 miles per hour. Immediately prior to the impact, Guffey applied her brakes, causing the front of the station wagon to dip and strike plaintiff's car below its center of gravity, causing it to roll or tip to its right side. The much greater speed and weight of Guffey's car drove the plaintiff's car into a counter-clockwise rotation which resulted in the vehicles "side-slapping." At the end of the side-slap, the vehicles parted, with the Volkswagen being knocked forty feet.
As a result of the accident, the plaintiff sustained a cervical fracture, rendering him quadriplegic.
Plaintiff brought suit against Guffey on the basis of a traditional negligence theory. Plaintiff brought suit against Volkswagen on the basis of "manufacturers' products liability." The application of the latter theory was based on the contention that a defective door latch caused plaintiff's cervical fracture by allowing the door to come open, thus causing plaintiff to be thrown from the car.
The jury found in favor of plaintiff and awarded a judgment of 1.8 million dollars, plus interest and costs against both defendants.
Pasquale v. Speed Products Engineering ($1.65 million)
Illinois, 1995The plaintiffs, a husband and daughter of spectator at drag race who was killed when she was struck by pieces of clutch mechanism of race car brought action against race track, manufacturer of engine housing, and distributor of engine parts. After husband and daughter entered settlement with race track, trial was held on remaining claims in which jury awarded $1.5 million in damages to daughter on claims against housing manufacturer and $150,000 to husband on claims against manufacturer and distributor.
Soule v. General Motors Corp. ($1.65 million award)
California, 1994
Chevrolet CamaroIn 1984, plaintiff was driving her 1982 Camaro in Westminster, California. There was a slight drizzle, the roadway was damp, and apparently plaintiff was not wearing her seat belt. A 1972 Datsun, approaching northbound, suddenly skidded into the path of plaintiff's car. The Datsun's left rear quarter struck plaintiff's Camaro in an area near the left front wheel. Estimates of the vehicles' combined closing speeds on impact vary from 30 to 70 miles per hour. The collision bent the Camaro's frame adjacent to the wheel and tore loose the bracket that attached the wheel assembly (specifically, the lower control arm) to the frame. As a result, the wheel collapsed rearward and inward. The wheel hit the underside of the "toe pan"--the slanted floorboard area beneath the pedals--causing the toe pan to crumple, or "deform," upward into the passenger compartment. Plaintiff received a fractured rib and relatively minor scalp and knee injuries. Her most severe injuries were fractures of both ankles, and the more serious of these was the compound compression fracture of her left ankle. Plaintiff sued GM for her ankle injuries, asserting a theory of strict tort liability for a defective product. She claimed the severe trauma to her ankles was not a natural consequence of the accident, but occurred when the collapse of the Camaro's wheel caused the toe pan to crush violently upward against her feet. Plaintiff attributed the wheel collapse to a manufacturing defect, the substandard quality of the weld attaching the lower control arm bracket to the frame. She also claimed that the placement of the bracket, and the configuration of the frame, were defective designs because they did not limit the wheel's rearward travel in the event the bracket should fail. In a series of special findings, the jury determined that the Camaro contained a defect (of unspecified nature) which was a "legal cause" of plaintiff's "enhanced injury." The jury further concluded that although plaintiff was guilty of comparative fault, her conduct was not a legal cause of her enhanced injuries. Plaintiff received an award of $1.65 million.
Bass v. General Motors Corp. ($1,245,000 award)
Missouri, 1998
Oldsmobile Cutlass Ciera
In 1986, Jerry Bass was returning to his home in Columbia, Missouri, in his wife's 1986 Oldsmobile Cutlass Ciera when he observed an approaching Dodge sedan in the opposing lane. The driver of the Dodge seemed to lose control of the vehicle, and it swerved across the road into the oncoming lane, colliding with Bass's vehicle and causing the Ciera to strike a third vehicle parked on the side of the street. Bass was thrown forward into the windshield, striking his head and leaving a jagged "starburst" imprint on the glass. He suffered a closed head injury, resulting in permanent damage to the brain. The driver of the Dodge, a young male, fled the scene of the accident on foot and was never identified or apprehended by police. The Basses prosecuted the case on the theory that the seatbelt system in the Ciera was designed with a dangerous structural defect. The seatbelt system incorporated what General Motors termed a "window shade comfort feature," a device that permitted the retractor spring to be compromised, eliminating the constant tension that would otherwise exist, and allowing for excessive slack to develop in the shoulder strap of the driver's seatbelt. According to the Basses' theory, when excessive slack is allowed to develop, the seatbelt becomes too loose to restrain the driver properly, resulting in diminished protection and a greater risk of serious injury in the event of an accident. The Basses contended that this alleged design defect caused or enhanced the injuries Jerry Bass suffered in the accident. They sought to hold General Motors liable for those injuries under theories of negligence and strict product liability. At trial, the jury returned a verdict in favor of General Motors on the negligence claim and in favor of the Basses on their strict product liability claim, awarding $1,170,000 to Jerry Bass for his injuries and $75,000 to Bonnie Bass for loss of consortium.
Griffin v. General Motors Corp. ($1 million award)
Massachusetts, 1980
Buick Skylark
The plaintiff's automobile, manufactured by the defendant, caught fire while she was driving it, and she was severely burned. On a theory of negligent design, a jury has awarded her $1,000,000 in damages, and judgment has been entered for that amount plus $574,500 in statutory interest.
The plaintiff bought the automobile, a 1969 Buick Skylark convertible, in June, 1969. The fire occurred July 11, 1970, and the plaintiff entered her civil action February 1, 1971, against the defendant and two Buick dealers. At trial verdicts were directed in favor of the two codefendants. The plaintiff testified that she was traveling at forty to forty-five miles an hour with the convertible top and windows closed. The two upper fresh air vents on the dashboard were open; the two lower vents under the dashboard were closed. She decided to smoke a cigarette, reached into her pocketbook, and took out a cigarette and her butane lighter. With her left hand she opened the left lower air vent, and immediately smelled gasoline. At almost the same time she activated her lighter, and the car was immediately engulfed in flames. In ten to fifteen seconds she stopped the car, opened the door and fell out. The plaintiff's experts testified that the negligent design of the hood and fresh air system permitted fumes from a gasoline leak in the engine compartment to enter the passenger compartment, and that those fumes were ignited when the plaintiff activated her lighter. The resulting flames flashed back to the source of the fumes in the engine compartment and then burned with high intensity through the vent she had opened.
Doupnik v. General Motors Corp. ($1 million award)
California, 1990
Oldsmobile CutlassThe accident occurred when Gary Doupnik, while intoxicated, lost control of his Oldsmobile; it left the road and plunged down a rocky embankment and overturned, coming to rest on its roof. The driver's side of the roof collapsed from the forces imposed on the defective welds, forcing Doupnik's head backward over the top of the seat, tearing ligaments in his neck, releasing vertebrae which allowed them to crush his spinal cord, resulting in quadriplegia.
The jury was directed that Doupnik was negligent and that his negligence was a legal cause of the accident and his injury. On the remaining issues the jury returned special verdicts. It found General Motors liable for the injury and that Gary Doupnik suffered damages in the sum of $6,668,212. It apportioned 80 percent of the fault to him. It found plaintiff Sally Doupnik's damages for loss of consortium to be $1.6 million. The trial court reduced Sally's award to $1 million.
Dalton v. Toyota Motor Sales, Inc. ($250,000)
Louisiana, 1983
Toyota CorollaThe plaintiff, Edward Dalton, after leaving an office Christmas party on Christmas Eve, December 24, 1978, drove his 1978 Toyota Corolla from his office in Mobile, Alabama, westward on Interstate 10 in the direction of New Orleans. He apparently became sleepy and pulled off the pavement onto the grassy median strip. Letting the engine idle, he lit a cigarette and fell asleep. A passing motorist, Rodney Newman, noticed flames around the car and attempted to pull Dalton out. On the third attempt, he was successful. According to Newman, the inside of Dalton's car was filled with smoke but contained no fire during his first two, unsuccessful attempts to pull Dalton out of the car. Newman testified that during his third and successful attempt, the vinyl or plastic top of the car began to melt and caught fire. The fire caught the top of Dalton's head as Newman pulled him from the car. Newman also testified that the back seat of the car also caught fire during his third attempt to pull Dalton out of the car, but that the front seat was not on fire at that time. According to Newman, Dalton was burned further when Dalton fell in the burning grass three or four feet from the car. Newman was also burned while rescuing Dalton. The case was tried to a jury which returned a verdict of $250,000 for the plaintiff.
General Motors Corp. v. Van Marter ($251,000 award)
Alabama, 1984
Oldsmobile RegencyPlaintiffs, Dr. and Mrs. Van Marter, owned a 1978 Oldsmobile Regency automobile, which had been purchased from a General Motors dealer in February of 1978. The car was parked in the Van Marters' carport when their carport and home caught fire, resulting in extensive damage to the home and its contents. The plaintiffs filed suit against General Motors alleging that the fire began in the carport as the result of an electrical malfunction within the automobile and then spread throughout the remainder of the home. General Motors answered by general denial. The thrust of its defense was the assertion that the fire did not begin in the carport, but rather in the basement, where it then proceeded to climb the common wall to the carport and the house. At trial, the jury awarded the plaintiffs $251,000.
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