In Heirs v. Automaker (Confidential venue), Mike Kelly, Doris Cheng, and Andrew P. McDevitt secured a multi-million-dollar confidential settlement for the family of a man who died when his vehicle failed to recognize and avoid colliding with a fixed object while operating in crash avoidance mode. The defendant denied responsibility for the vehicle’s failure to stop prior to colliding with the fixed object, arguing that the deceased operator was responsible for seeing and reacting to the hazard. The Walkup team relied upon the manufacturer’s own advertising and marketing materials which contained representations about the car’s advanced safety systems. The matter resolved on the eve of trial.
