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CONFIDENTIAL

Nov. 10, 2005

Personal Injury
Auto v. Auto
Defective Design

Confidential

Settlement –  $7,500,000

Court

Confidential


Attorneys

Plaintiff

Michael J. Piuze


Facts

Plaintiff, 17, was a passenger in a 1999 compact car that collided with another vehicle in a high speed, head-on collision. The driver of the vehicle, 17, in which she was a passenger, admitted to driving recklessly in an attempt to find out how fast his new vehicle could turn on winding mountain roads. The plaintiff was seated in the center rear seat, which had a lap belt, but not a shoulder harness. The plaintiff sued the vehicle manufacturer, alleging defective design.

Contentions

PLAINTIFF CONTENTIONS:

DEFENDANT CONTENTIONS:
The defendant denied that the vehicle was defectively designed or that it was responsible for the plaintiff's injuries. The defendant argued that the plaintiff's injuries were caused by the aggravated negligence of the driver of the car and that restraint systems cannot always protect against severe frontal impacts. It also disputed the nature and extent of the plaintiff's injuries.

Result

The parties settled for $7.5 million during trial.


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