Stewart J. Eisenberg, Esq., Nancy J. Winkler, Esq., and Daniel Sherry, Esq., recently achieved a $3.35 million recovery for the family of a SUV driver who died during a highway accident.
The lawsuit alleged that an automotive body facility improperly repaired the SUV’s front right door latch approximately two years before the accident. Because the SUV’s door could be closed but not latched, the door opened when the vehicle rolled over on the highway and caused the unbelted driver to be ejected from the vehicle.
According to the police report, no other vehicles were involved in the accident.
The defendants disputed the condition of the door and whether it opened during the rollover. They contended that the victim, who failed to wear a seatbelt, likely died inside the vehicle and was then ejected through the SUV’s window.
The case was resolved for $3.35 million about one week before the scheduled start of the trial after two mediations and the filing of pretrial motions.