Paul Belknap Sr., et al. v. Laidlaw Transit Inc. et al.
Published: Mar. 11, 2003 | Result Date: Nov. 26, 2002 | Filing Date: Jan. 1, 1900 |Case number: NC025952 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
John A. Delis
(Long & Delis)
Defendant
Craig L. Winterman
(Herzfeld & Rubin LLP)
Experts
Plaintiff
William G. Broadhead
(technical)
Jeffrey Bruce Wheeler
(technical)
Jon B. Landerville P.E.
(technical)
Sharon K. Kawai M.D.
(medical)
Thomas D. Walsh
(technical)
Defendant
James J. Schultz
(technical)
Murray Mackay
(technical)
Tom Perl
(technical)
Uwe Meissner
(technical)
Aribert Kolms
(technical)
Facts
On Nov. 5, 1998, Jessica Belknap, 15, and her friend, Jessica Gorne, 16, were seated, with their seat belts strapped, and were in the back outboard seat of a 1976 Volkswagen van. Jessica Belknap's brother, who was wearing a lap/shoulder belt was driving the VW, and Jessica's Gorne's twin brother, who was also wearing a lap/shoulder belt, was seated in the right front seat of the VW. As they came to the intersection of Pacific Coast Highway and Walnut in Long Beach, their VW van collided with a 1977 Laidlaw Transit Inc. (Laidlaw) school bus that had turned left in front of the VW. An accident reconstruction expert determined that the VW delta-V force was between 27 and 33 mph. The Belknap family sued Laidlaw for the wrongful death of their daughter. Jessica Gorne filed a separate lawsuit against Laidlaw for the injuries that she sustained in the accident. Both lawsuits were consolidated. Laidlaw settled with the parties for $34.5 million. Laidlaw then pursued a cross-complaint against Volkswagen of America Inc. for equitable indemnity and contribution. Laidlaw contended that although it was responsible for the accident, Volkswagen of America Inc. was liable for the injuries and death that resulted from the collision. Laidlaw alleged that VW was strictly liable, negligent and had breached its warranties by failing to install lap/shoulder belts in the rear outboard seating positions of the VW van. Laidlaw argued that if there had been lap/shoulder belts in the rear, the decedent Belknap and Jessica Gorne would not have received their severe injuries, but would have suffered the same level of injuries as their brothers sustained. Volkswagen of America Inc. denied Laidlaw's allegations and asserted that the death/injuries that occurred in the underlying accident was due solely to Laidlaw's negligence. Volkswagen maintained that its product was properly manufactured.
Damages
Laidlaw claimed damages for failure to indemnify and contribute to the underlying settlements.
Injuries
The two girls suffered massive abdominal injuries and fractures. Jessica Belknap developed an infection and died six weeks after the accident. Due to her internal injuries, Jessica Gorne will receive nourishment by way of TPN for the remainder of her life. The decedent's brother suffered a fracture to his left femur and Jessica Gorne's twin brother sustained some minor abrasions and contusions.
Result
The jury found in favor of the cross-defendant, Volkswagen of America, Inc.
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