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Personal Injury (Vehicular)
Product Liability
Defective Design

Brian A. Cummings v. Ford Motor Company

Published: Jan. 15, 2000 | Result Date: Oct. 7, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 988294GHK Verdict –  $0

Judge

George H. King

Court

USDC Central


Attorneys

Plaintiff

Robert J. Mandell


Defendant

Matthew Raymond Rogers
(Squire Patton Boggs (US) LLP)


Experts

Plaintiff

Paul C. Stimson
(technical)

Anil V. Khadilkar
(technical)

Theodore Zinke
(technical)

Bryan Keropian
(medical)

Defendant

Gerald E. Corwin
(technical)

Debora R. Marth
(technical)

Mark A. Novak
(technical)

Dennis C. Schneider
(technical)

Robert Carl Adler
(medical)

Jeffrey L. Pearson
(technical)

Facts

On Jan. 26, 1998, plaintiff, a 28-year-old salesman, was a passenger in a 1995 Ford Mustang being driven by his girlfriend, Erin Reed. At the time of the accident, she was driving the Mustang north on Topanga Canyon Boulevard, close to the intersection with the 101 freeway in Woodland Hills. Frank Tatman was operating a 1989 Toyota Camry in the southbound direction and made an improper left-hand turn directly into the path of the Mustang. The plaintiff claimed that the Mustang was traveling at approximately 9 mph when the front of the Camry struck the left front of the Mustang. The air bags in the Mustang deployed and plaintiff's mandible was fractured in two places. Additionally, the plaintiff claimed significant damage to his teeth, a displaced meniscus in his jaw and permanent TMJ dysfunction.

Settlement Discussions

The plaintiff demanded $250,000, while Ford offered $25,000.

Specials in Evidence

$40,000 $15,000 $20,000

Injuries

The plaintiff sustained a shattered mandible, cracked and loosened teeth and TMJ. The plaintiff's jaw was wired shut for two months. He also underwent extensive dental treatment including root canals, crowns and fillings. The plaintiff has a displaced meniscus in the right TMJ and is required to permanently use oral orthotics. He is expected to undergo jaw surgery in the future.

Deliberation

90 minutes

Poll

8-0

Length

six days


#88497

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