ARTICLE ID 29168
$________ - PRODUCT LIABILITY - DESIGN DEFECT IN ARMORED VAN - LACK OF CRASHWORTHINESS - FAILURE OF METAL RESTRAINING BAR - CERVICAL VERTEBRA FRACTURE - INCOMPLETE QUADRIPLEGIA.
Hillsborough
The plaintiff alleged, in this product liability claim, that the
defendant Griffin, Inc. manufactured an armored van with a
design defect. Specifically the plaintiff claimed a hollow metal
bar, designed to restrain cargo in the back of the van, was not
properly tested by the defendant and failed during a rear end
collision. The defendant denied the van was defective and
maintained the bar failure was caused by the extreme forces
placed on the restraining bar during the accident.
The plaintiff, age 56 at trial, was employed as a guard for an
armored transport company. On October 31, ________, he was riding in
the cargo hold of an armored cash van manufactured by the
defendant. A hollow metal bar located behind the plaintiffs seat
was designed to restrain cargo placed in the back of the van in
the event of an accident. The plaintiff contended that expected
cargo for the van included some 30 boxes of coins weighing about
________ pounds, which was being carried that day, as well as bags of
currency.
The armored van struck the back of a tanker truck at a speed of
approximately 25 mph in a heavy fog. On impact, the cargo broke
through the metal restraining bar and tore the plaintiffs seat
partially off its pedestal. Evidence showed that the impact
forced the seatback into the plaintiffs head, causing a cervical
vertebra fracture.
The plaintiff testified he was wearing his seatbelt at the time
of the accident, but the belt exploded during the crash. The
plaintiff further asserted that, had the belt held, he would not
have survived the accident because his body would have been
crushed between the seat and the belt as the coin impacted the
back of the seat.
The plaintiff claimed the defendant auto manufacturer failed to
test the design of the cargo restraining bar and did not submit
the design for an engineering review prior to marketing it. The
plaintiffs expert engineer testified the coins carried in the
back of the armored van could become missiles targeting the back
of the guards seat and that the coins created up to ________
pounds of force during even a relatively low-speed impact. The
plaintiff contended that several alternative designs were
available, but the most economical and feasible of these designs
was a full metal barrier with a sliding door. The plaintiff
offered crash tests showing the alternative design versus the
design of the hollow bar as it existed in the vehicle at the time
of the accident. The plaintiffs expert testified that the
alternative sliding door barrier could have been installed by the
defendant at a cost of $________ per vehicle.
The plaintiff has been left with incomplete quadriplegia and
appeared at trial in a wheelchair. He is paralyzed from the
sternum down with some arm movement. The plaintiffs experts
testified that the plaintiff is totally permanently disabled and
requires daily living assistance. The plaintiffs life-care
expert estimated the plaintiffs future medical and living needs
will range from $5 to $8.5 million.
The defendants experts opined that no restraining bar could have
withstood the force of the crash, given the improper method that
the coins had been stacked in the back of the van. The defendant
also argued that the plaintiff was not wearing a seatbelt at the
time of the accident and that a belt would have lessened the
severity of his injuries.
The jury found for the plaintiff in the amount of $________.
The award included $16 million in future pain and suffering; $6
million in past pain and suffering; $8 million in future economic
damages; $________ in past economic damages and $3 million to the
estate of the plaintiffs wife for her loss of consortium.
Posttrial motions are pending.
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