VERDICT: Defense, rollover death, safety canopy claims against vehicle manufacturer, rental agency, admitted liability by other [Read more…]
Seatbelt use evidence, product liability, negligence
SEATBELT EVIDENCE: Evidence of seatbelt use by decedent in collision-induced rollover partial ejection not prohibited by §61- [Read more…]
Survival/pre-impact fright, vehicle ejection
SURVIVAL/PRE-IMPACT FRIGHT: Not enough time between collision and fatal blow to head after partial ejection for survival [Read more…]
Seatbelt evidence, negligence v. product liability
SEATBELT EVIDENCE: Intent of §61-13-106 to bar seatbelt evidence so it would not create a defense in MVAs, not to bar it in [Read more…]
Judicial estoppel, abandoned window claim
JUDICIAL ESTOPPEL: Abandoned claim that Explorer windows allowed fatal ejection in rollover may not be resurrected for [Read more…]
TPA liability
Although potential liability is with insurer, Court may exercise jurisdiction over TPA, but no reason to do so here… Shea. [Read more…]