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IDENTIFYING AND LITIGATING QUALITY AUTO PRODUCTS DEFECT CASES

Brian D. Chase (Bisnar | Chase, LLP) and Scott D. Raphael (Litigitechnology, Inc.)

One of the costliest but most satisfying and rewarding areas of product liability litigation involves automobile product liability defect cases. Without considerable self-schooling, exposure and experience in handling these cases they can quickly prove overwhelming or even well beyond the resource capability to a relatively small practitioner’s office. Spotting the quality auto product liability case from an ocean of potential defect litigation is therefore essential to survival and success in this field.

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EXPERT WITNESSES AND MOTIONS IN LIMINE

Brian D. Chase (Bisnar | Chase, LLP) and Scott D. Raphael (Litigitechnology, Inc.)

Since well prior to the 1986 Discovery Act, parties were at best committed to guesswork in ascertaining what expert discovery would be permitted at trial based on pretrial inadequacies in the disclosure of expert witnesses, of the scope of expert witnesses’ opinions, the transactional nature and source of acquisition of the expert’s opinions, and the adequacy of the expert’s deposition testimony as to the scope of his anticipated trial testimony. This followed largely from the lack of any meaningful guidance by the Courts or the Legislature on these subjects.

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MULTIPLYING YOUR TORT RECOVERY BY ELIMINATING SETTLEMENT SET-OFFS UNDER PROPOSITION 51

Brian D. Chase and Scott D. Raphael

The Electorate’s Attack on the Perceived Common Law “Deep Pocket” Rule

On June 3, 1986, California voters approved Proposition 51, the so-called “Fair Responsibility Act of 1986." (Civil Code § 1431.2 - 1431.5) Its purpose was to remedy a perceived “deep pocket” injustice built into the doctrine of joint and several liability, whereby “if a defendant was found to be at all negligent, regardless of how minimally, under the joint and several liability rule he could be held responsible for the full damages sustained by the plaintiff, even if other concurrent tortfeasors had also been partially, or even primarily, responsible for the injury.” (See, Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1196.) This perceived injustice had been further complicated by the adoption of the pure comparative negligence doctrine in California in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, which abrogated the all-or-nothing contributory negligence doctrine and instead held that “the contributory negligence of the person injured...shall not bar recovery, but the damages awarded shall be diminished in proportion to the amount of negligence attributable to the person recovering.” (Id., 13 Cal.3d at 829.)

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Cutting Edge Testing For Rollover Cases: NHTSA’s Road Edge Recovery Maneuver

By Brian D. Chase

For those of you who practice in the area of auto crashworthiness litigation, in particular rollover accidents, how many times have you heard the auto manufacturer, its experts, or a jury boldly proclaim some or all of the following: “This vehicle meets all Federal Motor Vehicle Safety Standards (FMVSS)”; “This vehicle complies with or exceeds all National Highway Traffic Safety Administration (NHTSA) guidelines or recommendations”; “NHTSA has investigated, or considered investigating, the alleged defect and determined that its not necessary to issue any new guidelines or safety standards”; and, “This vehicle passes the auto manufacturer’s rigorous stability and handling testing”? In addition to those proclamations, how many times have you had your vehicle stability experts criticized in deposition or on the witness stand as having “manipulated” their testing, that their testing it is not “objective” or “repeatable”, or that their testing is “merely a plaintiff’s test that has nothing to do with what happens in a real world accident”? Lastly, how many time have you heard, and this is the one that grates on me the most in a rollover case, the driver “panicked” and “over corrected” thereby somehow causing the vehicle to rollover unnecessarily and stating it was “driver error”?

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MAKING MOTIONS FOR TRIAL-SETTING PREFERENCE

Brian D. Chase (Bisnar | Chase, LLP) and Scott D. Raphael (Litigitechnology, Inc.)

The adage “time is money” was never more appropriately applied than to personal injury litigation. Twenty years ago, prior to adoption of Delay Reduction Act/”Fast-Track” measures in California’s trial courts, cases frequently could not receive trial settings for years after the complaint was filed, often requiring waivers of the five-year deadline for trial in larger California counties to ensure that a courtroom could be secured for the trial. Delay Reduction measures have dramatically changed the picture, with most superior courts now setting cases for trial within 12 to 18 months of the filing of the complaint. Notwithstanding the significant reduction in trial delays, plaintiffs typically do not resolve their cases unless and until a firm trial date is set, and protracted delays mean delayed resolution and delayed funding of a settlement or judgment.

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UTILIZING EXPERT WITNESSES

Brian D. Chase and Scott D. Raphael

Expert witnesses have become an essential part of modern trial practice. Unfortunately, their use has become almost too casual, with may practitioners on both sides resorting to an almost "knee-jerk" routine of hiring experts in every case. Contrary to what may be prevailing conventional wisdom, however, not every case genuinely requires retention of experts, although in most cases testimony from treating physicians (nonretained experts) is still required to carry the burden of proof on causation of injury.

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Trouble Finding A California Medical Malpractice Lawyer?

By Bisnar | Chase, LLP

If you or a loved one has been misdiagnosed or have been a victim of medical malpractice in the State of California and would like to take the doctor or hospital to court, you my find it very difficult to get a lawyer to represent you. There’s a reason California personal injury lawyers cringe at medical malpractice lawsuits – in this state, we have a $250,000 cap on medical malpractice awards and a cap on attorney’s fees. These two factors combine to make the pursuit of a medical malpractice not worth the costs and risks for wronged patients and their attorneys.

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Roof Crush Kills: Fact vs. Fiction - PDF

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Roof Crush Intrusion: Deadly by Design - PDF

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Lagging Liability Limits

By Jeanna Bisnar

Nobody can drive without auto insurance. Well...nobody is supposed to drive without auto insurance. Governments have mandated for almost a century that drivers must be capable of providing compensation for most damages they may cause while operating a motor vehicle. I think it makes sense. People should be responsible for their actions. This concept of personal responsibility permeates our laws governing how we interact with one another.

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Pedestrian Accidents

By Carissa Bisnar

When cars collide with pedestrians, there is high potential for serious injury. Pedestrian/motor vehicle accidents are a serious problem throughout the world. The United States has a particular problem with pedestrian deaths and injuries. About 5,000 pedestrians are killed and another 64,000 are injured in motor vehicle accidents every year in this country.

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Adult Victims of Clergy Abuse

By Bisnar Chase, LLP

When you think about someone abused by a member of the clergy - a Catholic priest in particular - you don't think of someone like Peggy Warren; a married woman, mother of five wonderful children, a staunch Catholic and woman of faith. When we think clergy abuse, we think of 9-year-old altar boys, choir boys with candlelight illuminating their cherubic faces, troubled kids, maybe, who get referred to their priest for counseling, but in turn get abused.

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Predatory Towing: A Problem That's Hurting Southern Californians

By Bisnar Chase, LLP

One of the most disturbing scenes for a driver or a car owner has to be the sight of his or her car being towed away by a tow truck. These tow trucks have their place and their jobs. They are supposed to tow away cars that are illegally parked or parked in such a way that they are hazardous to the public.

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Medical Device Manufacturer Fights FDA Over Defective Product Recall

By Bisnar Chase, LLP

A New Jersey-based company that makes tissue-based products used in open-heart surgeries is embroiled in a heated court battle and war of words with the Food and Drug Administration (FDA). This tension between Shelhigh and the FDA began April 17 when the federal regulatory agency pulled about 1 million parts at the company's plant in New Jersey after a 10-week inspection of the facility in the fall of 2006.

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Shelhigh Medical Device Manufacturer-Under the Gun-FDA Claims of Repeated Problems with Contamination Spur 'Recall'

By Bisnar Chase, LLP

Many of us remember the TV Shows The Six Million Dollar Man and The Bionic Woman, but most of us had no idea how close we would come to rebuilding our human bodies in the 21st century. Inventions and advances in medical technology have given so many a 'second chance' at life.

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Large Truck Accidents According to Truck Configuration

By Carissa Bisnar

Large truck accidents are a major safety concern among our nation's motorists. There are numerous types and configurations of large trucks, each with differing accident, injury and fatality numbers. Due to the size disparity between commercial trucks and passenger vehicles any collision involving a large truck is expected to result in serious, and often fatal, injuries.

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Children ATV Accidents, Injuries & Fatalities

By Bisnar Chase, LLP

All-terrain Vehicles, popularly known as ATVs are becoming a major source of recreation for people of all ages in the United States. ATV trails and clubs are springing up all over the country. The most popular time for riding ATVs is in the summer and during the holidays.

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America Needs to Buckle-Up!

By Carissa Bisnar

The percentage of passengers who wear seat belts is at a record high of 81 percent in the United States (www.nhtsa.gov). Although many lives are saved every year by the use of seat belts, the motoring public has not been informed of the current problems that exist with today’s safety and restraint systems. The ability to hold an occupant securely in place is the reason that seat belts save lives. A seat belt that does not function properly can be the cause of serious injury or death. Both the manufacturer of seat belt system components and the major U.S. automakers installing them have known for three decades that buckle systems were designed to be simple, cheap, and (as a result) are particularly vulnerable to malfunction.

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Airbag Recalls

By Carissa Bisnar

When a consumer buys an airbag-equipped vehicle, they expect the airbags to deploy properly in the event of an accident. Thousands of lives have been saved by the installation of airbags; however there has been a shocking increase in the number of injuries and fatalities caused by various airbag systems. Over the years, there have been many technological advances, yet new airbag defects continue to arise. Airbag defects exist in cars, trucks, minivans, and SUV’s made by companies such as Ford, DaimlerChrysler, General Motors, Honda, and Toyota. All of these companies have experienced significant NHTSA recalls due to the existence of defective airbags.

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Ford Cover-Ups

By Carissa Bisnar

Auto industry cover-ups are not an uncommon occurrence, especially for Ford Motor Company. Ford Motor Company has been under investigation numerous times for holding pertinent information, from the public and from authorities, regarding defective and dangerous products. In fact, it holds quite a history of secrecy and deceit. The company has endured several investigations regarding the continued production and or sale of products with known defects. One of Ford Motor Company’s fist major scandals included the Ford Pinto model.

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The Auto Industry’s Lack for Public Safety

By Carissa Bisnar

Since the federal government first made automobile safety a national concern, the American auto industry has been kicking and screaming in its attempts to avoid accountability. The auto industry’s record of addressing safety issues is marked by attempts to delay, block and obfuscate impending safety standards. Furthermore, the industry’s history is teaming with back-room dealing, unconvincing denials, false pleas of innocence and misleading claims of ignorance. This is an issue of public safety. The number and severity of auto accidents could be drastically reduced if the American auto industry would make safety “job one”.

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Ford Explorer Rollovers: Does Ford Cover-Up the Facts to Suit It's Purposes?

By Carissa Bisnar

Auto industry cover-ups are not an uncommon occurrence, especially for Ford Motor Company. Ford Motor Company has been under investigation numerous times for withholding pertinent information from the public and from authorities regarding defective and dangerous products. In fact, Ford Motor Company holds quite a history of secrecy and deceit.

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Paula Lawlor - A Crusader for Auto Safety

By John Bisnar

Paula Lawlor seems to have an instinct when it comes to roof crush cases. A cover story in the July issue of Automotive News calls her “another Erin Brockovich.” Much like Brockovich who had a hunch, which won millions for residents of a polluted California town, Lawlor always “had a hunch” when it came to vehicle rollover and roof crush cases.

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Ford/Firestone Scandal

By Carissa Bisnar

Thousands of Ford Explorer occupants have been severely injured or killed in rollover accidents due to poorly designed Ford Explorers equipped with defective Firestone tires. Ford Motor Company and Bridgestone/Firestone covered-up knowledge of deadly product defects for over ten years. A new law, the Transportation Recall Enhancement, Accountability and Documentation (TREAD) Act, was passed in recognition of the manufacturers’ failure to divulge the deadly SUV/tire combination. Although both Ford and Firestone are to blame for the multitude of deaths, the root problems begin and end with Ford Motor Company.

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Don Friedman - Co-Founder of Center for Injury Research

By John Bisnar

Don Friedman is a researcher at heart. He's developed guidance systems for the sidewinder missile, periscope control systems for submarines and even had a hand in the Apollo lunar rover that went to the moon.

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Ford Expedition Rollovers

By Carissa Bisnar

Like many other SUVs, the Ford Expedition has proven to be defectively designed and extremely deadly when involved in a rollover accident. Although designed to be driven off road, the Expedition is not equipped with sufficient roof support, adequate door latches, or laminated glass, that could mean the difference between life and death in a rollover accident. Engineers and safety experts have actively suggested fundamental changes to the Expedition to increase its rollover resistance, however Ford Motor Co. continues to choose less expensive and less effective remedies as permanent solutions to a life threatening issue.

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Runaway Trailers

By John Bisnar

Runaway trailers can cause devastating crashes, resulting in serious injuries and/or deaths. Trailers detach from their guidance sources more often than most people realize, despite the catastrophic damage they cause.

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Roof Crush In Rollover SUV Accidents Is Entirely Preventable

By John Bisnar

Rollover accidents are not just a statistic in our country. They constitute a serious problem that is now claiming 10,000 lives a year. That number is higher than the number of people we have lost in a war zone in Iraq. It should be unacceptable to government regulators and others who monitor the auto manufacturing industry. But surprisingly, auto makers, for decades, have gotten away with doing nothing to improve the safety of the people who put their faith in these automobiles.

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Insurance Companies Play Hardball With Minor Car Accident Claims

By Bisnar Chase, LLP

Insurance companies are making it tougher and tougher to collect medical costs incurred due to minor car crashes. According to a recent 18-month investigation conducted by CNN, you could be in the fight of your life if you’re trying to get an auto insurance company to pay medical costs you incur due to an auto accident, even though the accident was not your fault.

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HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978

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Bisnar | Chase 2006-2008 - Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. Bisnar | Chase has received this award for three consecutive years.

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