Personal Injury Case Report – Product Liability
Negligent Installation of Hand Control System; $1.3 million -
Part 1
NATURE OF CASE:
Product liability; Defective installation/design; motor vehicle hand control system.
INJURIES ALLEGED:
Closed head injury; multiple fractures; wrongful death.
NAME OF CASE:
Withheld.
AMOUNT OF AWARD / SETTLEMENT:
$975,000.000 up front cash, plus waiver of medical liens valued at approximately $100,000.00.
ATTORNEYS FOR PLAINTIFFS:
Eric J. Parker – PARKER | SCHEER, Boston Martin L. Aronson – WHITE INKER, ARONSON, P.C., Boston, Massachusetts
CASE SUMMARY:
On October 18, 1997, the plaintiffs, a 62 year old, former operating room nurse, was the operator of a 1997 Plymouth Voyager minivan, traveling east on Highland Avenue in Needham, Massachusetts. Her 37-year-old son was traveling with her as a front seat passenger.
The minivan, which had been purchased new by the operator and her husband only a few months earlier, had been outfitted with a handicapped, hand-control system, to allow the plaintiff, a double, below the knee amputee, to operate the van.
As the plaintiff proceeded east on Highland Avenue, near the intersection of Highland and Wexford Streets, the plaintiff experienced the sudden acceleration of her vehicle. Despite the plaintiff’s attempts at braking and reducing throttle, the vehicle continued to accelerate, culminating in a collision between the minivan and a brick building.
As a direct result of the impact, the operator suffered massive internal injuries, resulting in her death approximately thirty days later. The plaintiff passenger suffered a closed-head injury and multiple fractures.
Following a lengthy analysis of the vehicle and careful study of forensic evidence, plaintiffs’ counsel were prepared to demonstrate that the handicapped hand-control system, as conceived, designed, installed, and/or manufactured, was defective, and was the most likely cause of sudden acceleration and ensuing collision.
Claims against the dealer/installer of the hand-controls were resolved following mediation. Claims against the hand-control system manufacturer are currently being pursued.
Part 2
NATURE OF CASE:
Product liability; Defective installation/design; motor vehicle hand control system.
INJURIES ALLEGED:
Closed head injury; multiple fractures; wrongful death.
NAME OF CASE:
Withheld.
AMOUNT OF SETTLEMENT:
$1.27 Million, ($300,000 paid by manufacturer in addition to $975,000 previously recovered from dealer/installer, as reported in Lawyers Weekly, October 18, 1999.)
COURT:
United States District Court
JUDGE:
Patti B. Saris
ATTORNEYS FOR PLAINTIFFS:
Eric J. Parker, Susan M. Bourque – PARKER | SCHEER LLP Boston, Massachusetts
CASE SUMMARY:
On October 18, 1997, the plaintiffs, a 62 year old, former operating room nurse, was the operator of a 1997 Plymouth Voyager minivan, traveling east on Highland Avenue in Needham, Massachusetts. Her 37-year-old son was traveling with her as a front seat passenger.
The minivan, which had been purchased new by the operator and her husband only a few months earlier, had been outfitted with a handicapped, hand-control system, to allow the plaintiff, a double, below the knee amputee, to operate the van.
As the plaintiff proceeded east on Highland Avenue, near the intersection of Highland and Wexford Streets, the plaintiff experienced the sudden acceleration of her vehicle. Despite the plaintiff’s attempts at braking and reducing throttle, the vehicle continued to accelerate, culminating in a collision between the minivan and a brick building.
As a direct result of the impact, the operator suffered massive internal injuries, resulting in her death approximately thirty days later. The plaintiff passenger suffered a closed head injury and multiple fractures.
Following a lengthy analysis of the vehicle and careful study of forensic evidence, plaintiffs’ counsel were prepared to demonstrate that the handicapped hand-control system, as conceived, designed, installed, and/or manufactured, was defective, and was the most likely cause of sudden acceleration and ensuing collision.
Claims against the dealer/installer of the hand-controls were previously settled for $975,000 following mediation.
The plaintiffs commenced suit in United States District Court against the Canadian manufacturer and designer of the subject hand control system. Depositions taken of the installer of the system demonstrated a known tendency of the hand controls to apply throttle and brake under certain circumstances. The plaintiffs contended that as a result of this defect in the design of the subject hand-control system, the plaintiff was inadvertently applying throttle despite her intention to apply the brake. As a result of the alleged defect, the plaintiff’s vehicle collided with a nearby brick wall, resulting in the death of the operator and serious injuries to her passenger son.
During the pendency of the litigation, the defendant manufacturer’s insurer was deemed insolvent, but the Massachusetts Insolvency Fund provided coverage leading to the settlement with the Canadian manufacturer.
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Barry S. Scheer is a partner and co-founder of Parker Scheer LLP, and serves as director of the firm's Business Law and Litigation Group. With more than twenty-five years of experience in the area of business litigation and corporate law, Mr. Scheer is...read