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January 24, 1996: Conkle v. Gen. Motors Corp.

Defects in Cars - Products Liability Litigation

January 24, 1996: Conkle v. Gen. Motors Corp.
Civil Action SC 92 CV 0730 (Muscogee Co., Ga. St. Ct.), aff’d in part, rev’d in part, remanded by 226 Ga. App. 34, 486 S.E.2d 180 (1997)

In the Conkle wreck, the plaintiff was seated in the passenger seat of a General Motors sedan.  The passenger door was equipped with a “Type III” door latch.  The door latch failed when the vehicle ran off the road and hit a culvert.  The plaintiff died as a result of injuries he sustained when his door popped open and he was ejected from the vehicle.  In the related product liability action against General Motors, the Court ordered the auto manufacturer to comply with discovery by producing a number of documents.  General Motors responded by asserting frivolous objections and withholding responsive documents.  After General Motors failed for over a year to adequately comply with the Court’s order, the Court sanctioned General Motors for discovery abuse by entering default.  In this sanctions order, the Court addressed the disingenuousness of General Motors’ varied excuses for noncompliance:  “General Motors’ assertion of substantial compliance, misunderstanding and other explanations are inadequate in light of the magnitude of legal expertise and other resources it has applied to the discovery process in this case.”  According to the Court, “application of a fine or taxing of other costs” would not be an “adequate remedy for this situation.”  The Court saw no “viable alternative” to striking General Motors’ answer and entering default on liability.

At Butler, Wooten & Fryhofer, we have the resources and experience it takes to successfully pursue complex personal injury, wrongful death , product Liability litigation. Contact us today. We would be happy to discuss your case with you.
Success Stories

$17,716,401 Verdict / Auto Product Liability / Ford Explorer Rear Restraint System / Lap Only Seat Belt

12/18/2009 Wheeler v. Ford Motor Company, et al., State Court, Clayton County, Georgia.

Plaintiffs Lynn and Douglas Wheeler won their design defect and failure to warn claims against Ford Motor Company relating to the 2002 Ford Explorer. On Christmas morning 2005, 58 year old Lynn Wheeler was on her way to church with her family. Lynn Wheeler was seated in the rear center seat of her son’s 2002 Ford Explorer, wearing the lap-only seat belt Ford installed for that seating position. Two of Lynn Wheeler’s grandchildren were in child seats on either side of her. As they entered a curve on Noah’s Ark Road, a 2-door Eagle Talon coupe driven by John C. Stanley crossed the centerline and struck the Explorer head-on.

$5,470,000 Verdict/Wrongful Death

10/23/09 Pitts v. A&G Trucking. Inc., et al., State Court of DeKalb County, Georgia.

Plaintiffs, four minor children, recovered for the death of their father, who was killed by a dump truck driver while the decedent was working as a "spotter" or "flag man" on the runway expansion at Hartsfield Jackson Atlanta International Airport. According to eye-witnesses, the driver of the dump truck was talking on her cell phone or CB radio and was given a stop signal by the deceased.

$45,000,000 Settlement | Credit Insurance/Consumer Rights Class Action

10/31/07 Toole v. J.M.I.C. Life Insurance Company, Superior Court of Muscogee County, Georgia

Plaintiff Toole represented a class of people who prepaid J.M.I.C. Life Insurance Company premiums for credit life and disability insurance policies when they purchased vehicles. J.M.I.C. Life Insurance Company contractually promised to refund any unearned premium if class members paid off the insured loans before the five-year term had expired, but failed to do so when they paid off the insured loans early.

$105,500,000 Verdict | Defective Automobile

11/23/04 Flax v. Daimler Chrysler Corporation and Louis A. Stockell, Jr., Circuit Court for Davidson County, Tennessee

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With offices in Atlanta and Columbus, Georgia, the attorneys at Butler, Wooten & Fryhofer, LLP represent the seriously injured throughout Georgia, including the cities of Atlanta, Columbus, Marietta, Smyrna, Roswell, Gainesville, Peachtree City, Forest Park, Riverdale, Lagrange, Macon, and Savannah. Our lawyers have handled accident and defective product claims nationwide, including Alabama, Arizona, California, Connecticut, Florida, Georgia, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, West Virginia and Wyoming.