Posts Tagged ‘autos’

Suing car dealers

Litigation against auto dealers has gotten better-organized and more entrepreneurial, according to a report in the trade publication FastTrack.

“We probably have 12 to 13 lawyers down here who make their living solely on suing auto dealers,” says Ted Smith, Executive Director of the Florida Auto Dealers Association. “The Florida litigation environment for dealers is an evolving nightmare. It is a norm to see an attorney bring a case for damages of $10,000 and a court award of $200,000 in attorneys’ fees. There is no way to stop the trial lawyer from churning fees even [in] small damages cases.”

California lawyers invoked the state’s famously broad consumer-protection laws to sue about 1,200 auto dealers for sins that included using the wrong font size in ads or using the acronym “A.P.R” instead of spelling out “Annual Percentage Rate”. Dealers were graciously afforded the chance to settle for $10,000 apiece. (Matt Pinnell, “Hunt for the Frivolous Lawsuit”, FastTrack (AIADA), Fall). And New Jersey lawyers have hit nearly every dealership in the state with class actions alleging excessive or poorly disclosed fees for vehicle registration and other services; settlements have been controversial, however, for providing juicy fees to the lawyers while affording consumers only coupons. (Charles Toutant, “Car-Dealer Class Actions: Coupons for Clients, Big Bucks for Lawyers”, New Jersey Law Journal, Nov. 3).

Jim Butler wins $105M verdict in Chrysler seat litigation

Another example of how personal injury attorneys and the “Center for Auto Safety” actually care very little about auto safety: In 2001, Louis Stockell, driving his pickup at 70 mph, twice the speed limit, rear-ended a Chrysler minivan. Physics being what they are, the front passenger seat in the van collapsed backwards and the passenger’s head struck and fatally injured 8-month old Joshua Flax. The rest of the family walked away from the horrific accident. Plaintiffs’ attorney Jim Butler argued that Chrysler, which already designed its seats above federal standards, should be punished for not making the seats stronger — never mind that a stronger and stiffer seat would result in more injuries from other kinds of crashes because it wouldn’t absorb any energy from the crash. (Rear-end collisions are responsible for only 3% of auto fatalities.) Apparently car companies are expected to anticipate which type of crash a particular vehicle will encounter, and design accordingly. The $105M verdict includes $98M in punitives, a number that will almost certainly be reduced, but the entire verdict is inappropriate. “It is unfairly punishing DaimlerChrysler for a reasonable engineering decision that resulted in a product that met all federal standards,” DaimlerChrysler spokesman Jason Vines said. (Rob Johnson, “Jury awards $105.5 M in baby’s death”, The Tennesseean, Nov. 24; Matt Gouras, AP, Nov. 24; “DaimlerChrysler Is Told to Pay $98 Mln in Van Crash”, Bloomberg, Nov. 23; Sheila Burke, “Chrysler being sued over baby’s van death”, The Tennesseean, Nov. 4). More coverage: Dec. 21.

Read On…

Things your auto can’t do

In many vehicles nowadays, you can check your e-mail, view Web sites, even watch television, from the comfort of your driver’s seat.

You can, that is, if you live in Europe or in Japan….

Fear of legal action has also stopped Toyota from offering its Intelligent Parking Assist feature, which is now available on the hybrid gas-electric Prius model sold in Japan.

Executives say they “must worry about lawsuits” if potential dashboard distractions fall into the hands of Americans. A Toyota corporate sales manager says there are no plans to make the intelligent-parking feature available in the United States, either: “This is a very litigious society.” (Eric A. Taub, “Three Amazing Things Your Automobile Can’t Do”, New York Times, Oct. 27).

“Ford wins cop-car suit”

In Belleville, Ill., a St. Clair County jury has ruled that the Ford Motor Co.’s Crown Victoria police cruiser is not defective and not unreasonably susceptible to fuel-fed fires after high-speed rear-end collisions. A class action on behalf of Illinois police departments had been filed in the famously pro-plaintiff county. The verdict represents a rebuke to trial lawyers who’ve been campaigning nationally for some time against the vehicle: see Nov. 5, 2003 and Sept. 29, 2004. (Bloomberg/Detroit Free Press, Oct. 16; Beth Hundsdorfer, “Ford earns victory in police car suit”, Belleville News-Democrat, Oct. 16).

Send us more of your defective product, please

Charlie Morris, the sheriff of Okaloosa County, Florida, is suing Ford Motor over alleged defects in its Crown Victoria Police Interceptor vehicles. But he also wants the company to sell the county more of the cars. When Ford refused, Sheriff Morris sued asking the court to force the automaker to furnish more vehicles. Circuit Judge G. Robert Barron rejected the suit, saying case law makes clear that companies have a right to avoid dealing with unwelcome customers. (“Judge: Ford Can Refuse to Sell Cars to Police Suing Company”, AP/TampaBayOnline, Sept. 28). For more on the Crown Victoria, see Nov. 5, 2003.

Update: N.Y. auto leasing still stalled

New York Assembly Speaker Sheldon Silver is still dug in to protect the state’s ultra-harsh law holding auto lessors liable for accidents involving the cars they lease, although it’s had a devastating effect on car leasing in the Empire State (Jun. 9, 2003 and links from there). Here’s the New York Daily News blasting him in a recent editorial:

The Senate wants to abolish vicarious liability, bringing New York into line with 49 other states, but Silver’s Assembly wants to have car companies pay hundreds of millions of dollars into an insurance pool that would cover accidents in leased cars. The trial lawyers are all for it because the pool would give them lots of money to grab, cash that would come from drivers in the form of higher leasing fees. And who are the trial lawyers? Arthur Luxenberg is the group’s second vice president, while Perry Weitz serves on the board of directors. And who are they? They’re the name partners of Weitz & Luxenberg, the law firm that lists Silver as of counsel.

The law “costs consumers more than $130 million a year and has led to a 36 percent decline in the number of vehicles leased in New York each year, according to the Alliance of Automobile Manufacturers (Alliance) and the Greater New York Automobile Dealers Association (GNYADA).” (“Vicarious liability costs New York consumers and businesses millions”, Business Council of New York State, Jun.). “More than 19 automakers and every major retail bank in New York have stopped or curtailed car leasing. …In addition, [according to trade groups], vicarious liability has contributed to the closing of 70 leasing companies since September 2000.” (“N.Y.’s Vicarious Liability Costly for Consumers and Auto Dealers”, Insurance Journal, Jul. 19). For more, see the New York State Auto Dealers Association website.

Update: Derrick Thomas responsible for own crash

After less than a day of deliberations, jurors rejected a lawsuit claiming that General Motors was responsible for the death of former Kansas City Chiefs linebacker Derrick Thomas, who was speeding on ice without a seat belt at the time of his fatal crash four years ago (see Nov. 28, 2000). The ruling was a setback to attorney Michael Piuze (Jun. 19, 2001, Sept. 24, 2001, Oct. 4-6, 2002), who argued the case for the plaintiffs. (“GM Wins In Derrick Thomas Wrongful Death Trial”, KansasCityChannel.com, Aug. 17).

The family, as we noted in our earlier item on the case, had also sued local ambulance service Emergency Providers Inc. and Liberty Hospital, both of which tried to save Thomas after the accident. The ambulance company settled, as did a Chevrolet dealership. “There was no dispute that the Suburban’s roof was far stronger than federal standards, but the family contended that those standards were insufficient and needed to be changed. … Almost whispering to the jury, [Piuze] asked them for from $75 million to more than $100 million in damages, saying he did not want to put an upper limit on it.” We’ll bet he didn’t (Joe Lambe, San Jose Mercury News, Aug. 17).

Buys $29 truck, complains of not feeling safe

Bryan Banquells bought a 1985 Nissan King Cab from the El Cajon Ford dealership for $29 — that’s right, $29. But the dealership soon thereafter learned, and notified Banquells, that the vehicle was legally in “salvaged” status and should not have been sold without a disclosure to that effect. It offered to buy the truck back but Banquells, who has retained attorney Hal Rosner, doesn’t like that idea; he “refuses to drive the car and feels the dealership should provide him with a new one”. Reader Steve Headley comments: “Guy buys $29 truck, truck is bad, now wants brand new truck. Yeah…. that makes sense to me.” Banquells says he does not feel safe taking his small children around in his $29 truck now that he knows it was salvaged. (“Dealer, Customer Face Off Over Salvaged Car”, NBCSanDiego.com, Jul. 26). P.S.: reader Chuck Shepherd interprets the quoted material from the article as signifying only that Banquells wants a “new” truck in the sense of “replacement used”, rather than in the sense of “brand-new”.

Speed Trap Shut Down

Residents of central Ohio fear and loathe the town of New Rome. Most people, including the state’s Attorney General, suspect it exists only to line the pockets of a few people who live in its three block radius. The tiny town (pop. 60) has a per capita income of $12,983, but takes in $300,000 a year in traffic tickets. (Take a virtual tour of the town here.) It’s almost impossible to pass through New Rome without getting stopped for a violation, be it speeding or a broken tail light.

Ohio residents can breathe easy now. New Rome was dissolved this week by court order. Sometimes, the system works.