ClickCease Product Liability | Walkup, Melodia, Kelly & Schoenberger

Product Liability

In Auto Passenger v. Aftermarket Accessory Manufacturers ( Court and County confidential ) Michael Kelly and Andrew McDevitt negotiated a $12,500,000 global resolution on behalf of a student who suffered a paralyzing neck injury during a single vehicle rollover crash. Our client rode as a belted front seat passenger in a vehicle driven by a schoolmate. When the driver navigated through a series of tight turns on a rural road, the back end of the vehicle began to fishtail. The SUV rolled and came to rest on its roof. Michael and Andrew filed suit against the auto manufacturer and multiple equipment and the aftermarket component suppliers as well as the selling dealership and driver. Vehicle occupants testified that the driver had been speeding and proclaimed that he was going to get the vehicle “sideways” minutes before the event. The defendants all denied responsibility, arguing that the driver was 100% at fault. Our attorneys established that the added aftermarket optional equipment made the already unstable vehicle even more prone to rollover. They also showed that the post-sale equipment seller failed to test the product consistent with accepted industry practices. The matter was settled in four stages against various categories of defendants after multiple mediation sessions.