Facts

The accident occurred in 2005, when a 2004 Hyundai Tiburon driven by Joseph Gerke failed to negotiate a curve in a state highway, leaving 195 feet of yaw marks before exiting the road rotating clockwise. The vehicle hit a highway sign and experienced two driver's side leading rolls before the driver's side struck trees 196 feet away, deploying the driver's side airbag, and rotating to rest 59 feet away. Caitlin Fuchs was spun to the roof rail of the vehicle by rotational forces and sustained a fatal head injury when the passenger side struck the ground on the second roll. All vehicle occupants were wearing their seatbelts.

PLAINTIFFS' CONTENTIONS:
Fuchs' family claimed that multiple design flaws in the Tiburon caused her death. They proposed that the vehicle did not roll prior to striking the trees and that the partial ejection and fatal injury occurred during a roll following a severe frontal impact with the trees. Plaintiffs alleged that the front air bags, the passenger's side air bag and the front seatbelt pretensioner should have deployed at tree impact. They theorized that deployment of these devices would have kept Fuchs properly seated and prevented her head from reaching the area where the fatal injury occurred. Plaintiffs further alleged that slack developed in Fuchs' seatbelt and the passenger's door opened during the accident, facilitating the partial ejection and injury.

DEFENDANTS' CONTENTIONS:
Hyundai contended that the accident was caused entirely by excessive speed and reckless driving. The Tiburon left the road at 85 mph and rolled twice before striking trees on the driver's side. Reconstruction and design analysis by experts established that there were no frontal or passenger side impacts of sufficient severity to deploy the seatbelt pretensioners or front and passenger side air bags. This testimony was consistent with physical evidence at the scene and investigating police officer testimony.

Result

The Court returned a verdict for Hyundai Motor Co., finding no defects in the Tiburon and faulting instead the driver, Gerke. The jury awarded $2.1 million to Fuchs' estate against the driver.

Deliberation

six hours

Length

eight days