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$________ VS. DEFENDANT DRIVER ONLY Alleged defective design and manufacture of ________ Hyundai Elantra - Second impact - Seat tracks allegedly not in parallel position - Plaintiff claims seat moved forward upon impact, causing knee injuries.

Richmond County

The plaintiff driver, age 36 at the time of the accident and 39 at the time of the trial, contended that as he was approaching the Verrazano Bridge on the Gowanus Expressway, the defendant driver, who was situated in the "tiger stripe" section of the roadway, at which a portion of the roadway turned away from the bridge entrance while the portion on which the plaintiff was driving continued towards the bridge, suddenly moved into his path, causing the accident. The plaintiff also maintained that the seat tracks at the bottom of the driver’s seat were defectively manufactured because they were not parallel, resulting in the seat disengaging from the track and moving forward with great force.

The plaintiff also brought a design defect theory against the automobile manufacturer, contending that each track should have contained a locking mechanism, preventing the seat from moving forward in the event the tracks were not parallel. The plaintiff maintained that he struck the guardrail after the impact with the defendant driver and that as a result of the alleged defects; he struck his knee with great force on the dashboard, sustaining a tear of the medial meniscus that will cause permanent symptoms despite arthroscopic surgery.

The defendant automobile manufacturer denied that the vehicle was defectively manufactured or designed. When its expert initially inspected the car, the tracks were parallel. The defendant automobile manufacturer also argued that the jury should consider that there were no other claims of similar defects in the approximate ________ vehicles of this model that were built.

The jury exonerated the automobile manufacturer, assessed ________% liability against the defendant driver and awarded $________.

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