Posts Tagged ‘autos’

Roger S. Braugh, Jr. responds

We frequently hear from plaintiffs’ attorneys that we don’t have the courage to print their side of the story; somehow, we always do. The latest challenge to our “moral fortitude” comes from Roger S. Braugh, who objects to our post on the Rose Marie Munoz case, where a woman who didn’t wear a seatbelt received a $29 million verdict in a failure-to-warn case where a recall notice had been issued. We’ve posted the full comment and my full response at the original post; a lengthy partial point-by-point rebuttal is after the jump here. In addition, Brough has offered to answer questions about the case; I’ve posted a preliminary list.

Brough’s complaint about those “spending millions of dollars” on tort reform is ironic; he is allegedly a member of what a community paper calls Mikal Watts’s “Millionaire Lawyers Club” that allegedly handpicks judges and influences elections on the 148th District Court in Corpus Christi. But given that a runaway plaintiffs’ bar is costing the American economy hundreds of billions of dollars a year, it’s unsurprising that some of the victims of that problem seek to fix it. But the plaintiffs’ bar outspends reformers by a 3-1 ratio.

Read On…

“Waco crash verdict stuns bus industry”

The verdict that Ted reported on Dec. 1 is stirring unease through the bus industry. Lawyers convinced a Texas jury that a tour bus was defectively designed because it did not come equipped with seat belts and laminated side window glass, even though neither are common in American tour bus design or mandated by the federal National Highway Traffic Safety Administration. (Steve McGonigle, Dallas Morning News, Feb. 12). For more on the laminated glass issue, see May 16, 2005 and links from there.

Maquiladoras caused birth defects? $17M later, maybe not

In 1991 portions of Texas’s Rio Grande Valley saw an upsurge in babies born with neural-tube defects. Litigation resulted:

Residents and lawyers had blamed pollution, and General Motors and other U.S.-owned factories paid $17 million without admitting wrongdoing to settle a lawsuit accusing their border factories of poisoning the air.

The claimed linkage of cause and effect between the factory pollution and the birth defects was, to say the least, much controverted at the time, and is looking even less impressive in hindsight:

no chemical links to the disease were ever proven, and Texas health officials began suspecting fumonisin, a toxin in corn mold. Experts had noted a high concentration in the corn harvest just before the outbreak. Some Texas horses died from brain disease caused by the toxin.

Now, a study in the February issue of the journal Environmental Health Perspectives adds impetus to the corn-mold theory:

The study found that pregnant women who ate 300 to 400 tortillas a month during the first trimester had more than twice the risk of giving birth to babies with the defects than did women who ate fewer than 100 tortillas.

Blood samples indicated that the higher the level of fumonisin, the greater the risk of neural tube defects.

Tortillas are an inexpensive dietary staple along the Texas-Mexico border, and studies suggest that the average young Mexican-American woman along the border eats 110 a month.

(“Study: Bad corn caused birth defects”, AP/Seattle Post-Intelligencer, Feb. 8). See also Dallas Morning News, Mar. 4, 2001; AP, Jan. 2001; Nicole Foy, “Border birth defects are tied to poverty”, San Antonio Express-News, Apr. 9, 2004.

Among its other implications, the episode may suggest the safety gains to be had in the shift from a pre-modern food regime based on local farm and home production to the sort of industrially based food regime more familiar to most Americans. Even aside from the issue of folic acid fortification, a big-city tortilla factory run by a large company would probably have had a better likelihood of screening out moldy batches of corn.

“Save auto industry jobs by reforming legal system”

That’s the call of today’s Detroit News editorial. “If the goal is to protect consumers, as tort lawyers claim, wouldn’t it be better to seek tougher federal standards rather than sue the people who research, invent and bring to market the products that consumers want? The obvious answer is yes, but that would eliminate a source of continuing revenue for plaintiff’s lawyers.”

Rose Marie Munoz and the $29-million limp

(Post updated on Jan. 30 to reflect confirmation that Munoz was a passenger.)

Here’s a case that could almost serve as a “spot-the-issues” model question for a law-school exam on the need for litigation reform. Rose Marie Munoz wasn’t wearing her seatbelt in 2002 when the spare tire on the 1992 Mazda Navajo (a rebadged Ford Explorer) failed and driver Derek Saenz rolled over the SUV; the other three occupants of the vehicle were uninjured. Munoz was ejected and temporarily paralyzed, has lost use of her right hand, and now walks with a limp. A Nueces County, Texas jury held Ford 75% (and Mazda another 10%) responsible for $29 million in damages, on the grounds that Ford should have done more to warn consumers about the dangers of ten-year-old tires—even though the tires in question were the notorious Bridgestone/Firestone tires that had actually been recalled in 2000, but had been left on the SUV. Jurors said they were influenced by the fact that Ford has since added a warning in their owners’ manual about replacing tires more than six years old. Firestone settled the case, allowing the plaintiffs to focus blame on Ford at trial. Ford blames the accident on driver error, and will appeal. (Sean M. Wood, “Ford hit with big judgment in Nueces”, San Antonio Express-News, Jan. 28; Karen Lundegaard, “Texas Jury Slaps Ford With $29 Million Verdict”, Wall Street Journal, Jan. 27; AP, Jan. 27; plaintiffs’ lawyer press release).

Sample model answer to the spot-the-issues question after the jump. No press story mentions all of these factors, and many went unmentioned entirely.

(Update, Feb. 16: Plaintiffs’ attorney Roger Brough has an extensive discussion in the comments, to which I respond in detail. With one minor detail after the jump, I stand by my description of the case. It’s hard to follow the back-and-forth in the comments, but there is a post that combines his comments and my responses in direct point-counterpoint.)

Read On…

$80M Missouri “sudden acceleration” verdict reversed

Elderly driver Constance Peters sped in reverse out of her driveway in her Oldsmobile Cutlass and severely injured herself. Plaintiffs’ attorneys blamed General Motors, alleging sudden acceleration (Apr. 19, 2004, Jun. 6, 2000) through a defective cruise control (that magically ceased running the engine when the driver was knocked unconscious). More sophisticated plaintiffs’ attorneys have long since recognized that defective cruise control theories are so much nonsense (there is no reason for a “defect” to be six times more likely to affect elderly drivers) and try to sue for failure to warn of pedal misapplication or failure to recall and install shift-interlock safety protection in older cars, but some cases proceed on the older theory; this one resulted in an $80 million verdict. The plaintiffs went too far, however, and shoveled into evidence 139 cases of previous “sudden acceleration” that they attempted to use to show that the cruise control was defectively accelerating out of control—even though the cars in those incidents did not have cruise control! The Missouri Court of Appeals reversed and granted a new trial, though plaintiffs will get to present their bogus case again. (Randall Peters v. General Motors Corp. (Mo. App. W.D. Jan. 17, 2006); Tresa Baldas, “Acceleration Case Draws $80M Jury Verdict”, National law Journal, Jan. 7, 2003).

Shouldn’t have put its berm where he wanted to skid

California: “A driver who had been drinking and admitted he took a curve too fast can sue The Newhall Land and Farming Company because his car skidded off a Valencia road and hit a berm on the firm’s land, causing his sports car to overturn. … Motorist Douglas Domel of Santa Clarita also has legal action pending against the city of Santa Clarita and the manufacturer of the 2001 Dodge Viper he was driving.” (Patricia Farrell Aidem , “Court: Driver can sue developer”, L.A. Daily News, Dec. 23). For a related case, see Nov. 7, 2003 (homeowner not liable for garden-wall crash).

Dianne Reading v. Ford

Dianne Reading was speeding in foggy conditions in her Ford Explorer, when she jerked her wheel to the right to avoid a deer, and flipped her vehicle. Unfortunately, she had not belted her minor son, Andrew, and he died. A Texas jury found Reading 65% responsible, but attributed 35% of the accident to Ford for not using “wider tires,” and then assessed so much in damages that Ford is still on the hook for $16.6 million. Ford will appeal. (Scott E. Williams, “Ford hit with historic $16.6M verdict”, Galveston County Daily News, Dec. 15).