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Torts
Product Liability
Air Bag

Heather Steinke v. Hyundai Motor America, et al.

Published: Dec. 21, 2004 | Result Date: Jul. 21, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 02CV705 Verdict –  $0

Judge

Rod W. Smeltzer

Court

USDC Wisconsin


Attorneys

Plaintiff

J. Drew Ryberg


Defendant

Thomas N. Vanderford Jr.
(Hyundai Motor America)

Jennifer K. Huelskoetter

George W. Seoule


Experts

Plaintiff

Ken Ogren
(technical)

Jeffrey Peterson
(technical)

John P. Drawbert
(technical)

Peter M.C. Ihle
(technical)

Defendant

John Hinger
(technical)

Donald F. Huelke
(technical)

Steve K. Johnson
(technical)

Facts

The plaintiff sued the defendant, Hyundai Motor Company, and claimed that a 1996 Hyundai Accent's airbags were defective and caused her serious injuries. On Oct. 21, 1999, at approximately 1 a.m., the plaintiff, Heather Steinke, 22, and her friend, Melissa Lee, were driving home from a casino in Turtle Lake, Wis., in Lee's 1996 Hyundai Accent. Lee was driving while Steinke sat in the front passenger seat, unbelted, with her right ankle resting over her left knee. Without warning, Lee's Hyundai, which was traveling at about 62 to 65 mph at the time, collided with a wheel and axle that had separated from another vehicle in an earlier accident. During the collision, the Accent's airbags deployed.

Damages

During closing arguments, the plaintiff asked the jury to award in excess of $50,000 in damages (according to the plaintiff). The defense counsel argued that the subject airbags were well designed and functioned properly in the accident and that the plaintiff's injuries were caused by the plaintiff's failure to buckle up and her position in the vehicle at the time of the collision.

Injuries

The plaintiff suffered a comminuted fracture of her right femur extending into the knee joint.

Result

A defense verdict for Hyundai.

Deliberation

2.45 hours

Length

three days


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