Defective Vehicles and Components

Safer Alternative Design Proof in Defective Product Cases

Published on: December 30, 2022 | by Hollis Wright

by HWC Partner Carter Clay

To establish the existence of a safer design, a plaintiff, typically through an expert must provide substantial evidence to show (1) that the injuries caused by the product would have been less severe or eliminated by the use of an alternative design and (2) that the utility of the alternative design outweighed the utility of the design actually used. General Motors Corp. v. Jernigan, 883 So. 2d 646, 662 (Ala. 2003). There is no rule of Alabama law that states that the expert must test the safer alternative design to meet the substantial evidence threshold. In fact, “[no] one denies that an expert might draw a conclusion from a set of observations based on extensive and specialized experience.” Kumho Tire Co., Ltd. V. Carmichael, 526 U.S. 137, 156 (1999).

I. Examples of Substantial Evidence

Post-COVID Jury Verdicts … What’s Going On?

Published on: June 15, 2022 | by Hollis Wright

by HWC Managing Partner Josh Wright

Post-COVID verdict averages in personal injury claims are up close to 50% from that of pre-COVID verdicts, according to recent statistics.¹ Verdicts in 2022 alone for Alabama injury victims have topped $97,000,000 in cases involving a wide array of wrongful conduct, including contract disputes, auto, medical malpractice, co-employee, fraud, discrimination, and uninsured motorists. See some of those recent verdicts below (based on lawyer-disclosed data):

Juries appear to listen carefully, consider all the evidence and thoroughly asses fundamental fairness in cases post-COVID. Insurance companies are also getting the message that juries are ready and willing to put aside politics and division in a courtroom, and award fair results in legitimate and real injury cases. Our firm alone has resolved (both at trial and pre-trial), a substantial number of lawsuits for unprecedented money in the last 12 months, which in no small part is because insurance companies have heard the message and listened to recent jury verdicts across the Country.

2014 GM Ignition Switch Recall & amp; Settlement Fund

Published on: September 25, 2014 | by Hollis Wright

Have you been injured while driving or riding in a GM manufactured vehicle? As of August 2014, GM has set up a settlement program to compensate persons injured in several recalled cars. The problem noted in the recall is an ignition defect which cuts power to the airbags, power steering, and brakes. In these cases, the ignition switch moves out of the “run” position, resulting in a partial loss of electrical power and turning off the engine. These issues can cause an accident or make an accident far worse. As of September 22, 2014, the official death toll from the ignition defect stands at twenty-one (21). 143 alleged death claims have been filed, out of 675 total filed claims.

The affected models include:

Buick	Cadillac	Chevrolet	Oldsmobile	Pontiac	Saturn
Lacrosse (2005-2009)	CTS(2003-2014)	Camaro(2010-2014)	Alero(1999-2004)	G5(2007-2010)	Ion (2003-2007)
Lucerne (2006-2011)	Deville(2000-2005)	Cobalt(2005-2010)	Intrigue(1998-2002)	Grand Am(1999-2005)	Sky (2007-2010)
	DTS (2006-2011)	HHR(2006-2011)		Grand Prix (2004-2008)
	SRX (2004-2006)	Impala(2000-2014)		Solstice (2006-2010)
		Malibu (1997-2005)
		Monte Carlo (2000-2007)

If you were injured while driving or riding in one of these vehicles, it is important to consult with an attorney as soon as possible. The compensation expert hired by GM to manage the recall settlement has stated that GM will only accept claims until December 31, 2014. The settlement manager has also stated that GM has not placed a cap on the payments, so anyone with an eligible claim has an opportunity to recover damages. Those with an eligible death claim will automatically receive $1 million in addition to the awarded amount.

Eligible claims must meet the following criteria:

The injured party must have been a driver of or passenger in one of the car models (and years) listed above;
There must be a physical, personal injury—GM is not compensating for property damage;
The airbags must not have deployed—if the airbags deployed, then this ignition defect was not the cause of the accident.

Finally, the compensation program will not consider driver negligence in determining eligibility for a settlement award. The law firm of Hollis Wright is currently representing numerous clients with potential GM claims. Complex litigation against large pharmaceutical companies demands specialized legal experience. If you or a loved one believe you have been harmed by a transvaginal mesh device, contact the firm of Hollis Wright for more information and evaluation.

Additional authors: Alison Almeida