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Personal Injury
Automobile Accident
Defective Product

Jennifer Garcia; Denise Hicks; and Emily Hicks and Nicholas Garcia, minors v. General Motors Corporation; Glendora Chevrolet

Published: Mar. 28, 1998 | Result Date: Oct. 16, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 761906 Verdict –  $0

Judge

Robert Gardner

Court

Orange Superior


Attorneys

Plaintiff

Francis A. O'Brien


Defendant

David S. Killoran

Thomas P. Branigan


Experts

Plaintiff

Eugene T. Couture
(medical)

Sandy Browne
(technical)

Daniel Broeske
(medical)

Defendant

Arthur P. Kowell M.D., Ph.D.
(medical)

Thomas Duffield
(technical)

Keith Schultz
(technical)

Facts

On April 1995, plaintiffs Denise Hicks, Emily Hicks and Nicholas Garcia, were passengers in a 1995 Geo Metro, manufactured by defendant General Motors Corporation, and owned and operated by plaintiff Jennifer Garcia. The plaintiffs' vehicle collided with a Chevrolet Beretta. Defendant Glendora Chevrolet sold the Geo Metro to plaintiffs. The plaintiffs contended that their injuries were enhanced because the Metro's dual front air bags did not deploy; and that the defendants failed to warn them of the risk of inflation-induced injuries. The defendants contended that the plaintiffs' descriptions of the accident and injuries were inaccurate and inconsistent with earlier statements. The plaintiffs brought this product liability action against the defendants.

Settlement Discussions

The plaintiffs made a combined settlement demand for $20 million. The defendants made no settlement offers.

Specials in Evidence

$924,420 (Jennifer Garcia); $152,156 (Denise Hicks); $61,283 (Emily Hicks); $53,731 (Nicholas Garcia) $780,959 (Jennifer Garcia); $461,429 (Denise Hicks)

Injuries

Plaintiff Jennifer Garcia alleged she suffered from post traumatic epilepsy and somatoform disorder as a result of striking her head. Plaintiff Denise Hicks claimed she was disabled due to severe head, neck and back injuries.

Other Information

POST TRIAL MOTIONS: The plaintiffs' motion for new trial was denied. The plaintiffs have filed an appeal.

Deliberation

1½ hours

Poll

12-0

Length

four weeks


#125946

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