A 60 year old semi-retired Philadelphia Police Officer and his wife were vacationing in Florida when the SUV they rented rolled over. The police officer was driving at or around the posted speed limit and attempted a normal lane change when he lost control of the vehicle causing it to roll over. As a result of the crash, the police officer was partially ejected from his vehicle.

Stewart J. Eisenberg argued that the vehicle was not crashworthy; the vehicle was not manufactured to protect occupants in the event of a crash. The vehicle in question, a small SUV, had a reputation for roll over and in an attempt to remedy the situation the manufacturer wanted to increase the distance between the front and rear wheels and the distance between the front wheels. Defendants acknowledged the changes would decrease the likelihood of a roll over but only slightly changed the distance between the front wheels, citing costs. Had the changes been made, Mr. Eisenberg, argued that the vehicle probably would not have rolled and a Philadelphia Police Officer would still be alive today; the jury agreed and awarded the estate of the police office and his wife $3.5 million.