BWP versus GM Detailed Results

CASE

DESCRIPTION

Hinton/Jones v. GM

Cash Settlement - 07/19/2011. Eric Hinton and Tamika Jones on behalf of Gabriel Hinton v. General Motors, LLC, et al., Superior Court of Muscogee County, Georgia. Gabriel Hinton died when the defective brake shift interlock on a 2003 Suburban allowed the gear shift to be engaged and roll backward. When the Suburban rolled backward Gabriel was pinned between a hot grill and the Suburban. Gabriel ultimately died of compressional asphyxia and thermal burns from being trapped and crushed between the vehicle and the grill. The amount of settlement is confidential at the request of the Defendants.

Hardee v. GM

Cash Settlement - 02/23/2011. William Henry Hardee v. Motor Liquidation Corp, et al. [General Motors], U. S. Bankruptcy Court, Southern District of New York. On June 11, 2009, 19 year-old William Hardee was driving a 1995 Chevrolet S-10 pickup with a passenger. Another vehicle ran a stop sign, struck the S-10 pickup causing the vehicle to go out of control and roll over. The driver's side roof crushed. William suffered injuries resulting in quadriplegia while the passenger (whose roof space did not crush) was basically un-injured. BWP understands that the settlement of this case was the largest settlement of any bankruptcy-related claim.

Brazelton v. GM

Cash Settlement - 12/17/2009. Crystal Brazelton v. General Motors, et al., State Court of Cobb County, Georgia. Crystal Brazelton was on her way to church in North Georgia with her mother on the morning of March 21, 2004. She was driving her 1997 Pontiac Grand Prix. When she stopped to make a left turn, a young man named Amos Huskey rear-ended her with his Ford Mustang. Upon impact, the rear structure of the Grand Prix failed and collapsed, allowing the Mustang and the crushing structure of the Grand Prix to intrude and strike Ms. Brazelton's driver's seat. While neither Mr. Huskey nor Crystal Brazelton's mother sustained any serious injury in this crash, Crystal Brazelton suffered a fractured spine and paraplegia as a result of the structural collapse of her vehicle. Our Firm filed a lawsuit against General Motors on Crystal's behalf. Prior to trial, GM settled the case for a confidential amount.

Beck v. GM

Cash Settlement - 4/9/2009. Beck and Beck v. General Motors, et al., Superior Court of Muscogee County, Georgia. Plaintiffs Mr. and Mrs. Beck brought suit against General Motors and Tucker after Ms. Tucker ran a red light and drove into the path of a 2000 GMC 1500 pickup truck being driven by Mr. Beck. During the frontal collision, Mr. Beck's airbag system failed to deploy, allowing his head to come into contact with the interior of the vehicle and rendering him quadriplegic. During discovery, Plaintiffs discovered that the airbag system in Mr. Beck's GMC pickup contained an anomaly that made it prone to fail in frontal collisions. GM thereafter settled the case for a confidential sum prior to trial. This settlement will assist in providing Mr. Beck the care he needs for the remainder of his life. It also compensated Mr. Beck's wife for her loss of consortium

Steiner v. GM

Cash Settlement - 8/31/02. Steiner v. General Motors Corp., U.S. District Court of Kansas, Wichita Division. Perry and Amanda Steiner brought suit against General Motors after they were involved in a rollover in their 1998 Pontiac Montana. During the rollover, the roof structure of the Montana crushed downward onto Perry and Amanda Steiner leaving both quadriplegics. Both were wearing their seatbelts and both were seated on the passenger side of the vehicle where the roof crushed. The other three family members were also belted and walked away from the wreck when the roof did not crush over their heads. At the request of General Motors, the amount of the settlement is confidential.

Bradstreet/ Gallagher v. GM

Cash Settlement - 4/5/02. Bradstreet as Personal Representative of the Estates of Gallagher v. General Motors Corp., U.S. District Court of Montana, Missoula Division. Defective GM pickup with side-saddle fuel tank design. Sherry Bradstreet brought suit against General Motors on behalf of her sister and her sister's three sons after all were killed when the car they were traveling in became engulfed in flames due to punctures to the vulnerable side-mounted fuel tank in the C/K pickup truck that struck their vehicle. After the court sanctioned GM for its conduct during discovery in the case and ruled there was a prima facie case that GM's claims of privilege were subject to the crime-fraud exception, GM elected not to try the case. At Defendant's request, the amount of settlement is confidential.

McCutchen v. GM

Cash Settlement - 4/5/02. McCutchen v. General Motors Corp., State Court of Troup County, Georgia. Mr. and Mrs. McCutchen brought suit against GM after she was involved in a rear-impact collision. The driver's seat of her 1990 Cadillac Sedan DeVille failed; she "ramped" underneath her seatbelt and into the back seat where she broke her back at T-11. Mrs. McCutchen, who was 74 years old at the time, was rendered a permanent paraplegic. In the lawsuit, GM was forced to disclose internal evidence of nearly 900 prior lawsuits and incidents involving its defective seating design from year model 1979 to the present. GM was forced to reveal the total amount it paid in those settlements and was ordered to allow the McCutchens to take the evidentiary depositions of its former General Counsel, Harry Pearce, and Legal Staff lawyer, Gary Toth. GM settled the case and insisted, as a condition of settlement, that the amount be kept confidential.

Chamberlain v. GM

Cash Settlement - 4/5/02. Chamberlain v. General Motors Corp., U.S. District Court, District of Kansas, Wichita Division. Defective GM pickup truck with side-saddle fuel tank design. Brian J. Chamberlain brought suit against GM after he was severely burned by fire when his Chevrolet pickup was struck by another pickup causing an explosion upon impact due to punctures and failures of the vulnerable side-mounted tank and vulnerable filler neck of the Chevrolet pickup truck. After the District Court ordered GM to disclose the amounts of its prior settlements of similar cases and to reveal the names of GM employees interviewed as a result of an internal investigation into document destruction by the corporation, GM elected to settle the case before the time set for compliance with those orders. At Defendant's request, the amount of settlement is confidential.

Phillips/Byrd v. GM

Cash/Structured Settlement - 09/25/00. Phillips/Byrd v. General Motors Corp., U.S. District Court of Montana, Missoula Division. GM pickup truck with side-saddle fuel tank design. Alvin Phillips brought suit against GM on behalf of his daughter, son-in-law and grandsons after they were killed and injured when the Chevrolet pickup truck they were traveling in became engulfed in flames due to punctures to the vulnerable side-mounted fuel tank in a collision with a tractor-trailer. After the federal court ruled serious sanctions would be imposed against GM for its conduct in discovery and found there was a prima facie case that GM's claims of privilege were vitiated by the crime-fraud exception, GM elected not to try the case. At Defendant's request, the amount of settlement is confidential.

Bampoe-Parry v. GM

Cash Settlement - 09/24/99. Bampoe-Parry v. General Motors Corp. and Pete John Franetovich, State Court of Fulton County, Georgia. The widow of Mr. Bampoe-Parry brought suit after his 1985 Chevette was struck in the rear by a Volvo while trying to merge onto the interstate in Atlanta and the fuel system on the Chevette failed resulting in a post-collision fuel-fed fire. Mr. Bampoe-Parry received burns and died as a result of his injuries.

In a landmark ruling, the court found that Plaintiff had proven that GM and its lawyers engaged in crimes and frauds in an attempt to conceal evidence about an internal GM report written by Ed Ivey concerning post-collision fuel-fed fires. The amount of the settlement is confidential at Defendant's request.

Cooper v. GM

Cash Settlement - 05/19/99. Cooper v. General Motors Corp. and Kathryn L. Ables, First Judicial Circuit Court Hinds County, Mississippi. The wrongful death beneficiaries and heirs brought suit against GM after Mr. Cooper was crushed between the vehicle and roadway when the 1985 Chevrolet S-10 pickup he was driving was hit, and the door latching system failed and opened, partially ejecting Mr. Cooper. The amount of settlement is confidential at Defendant's request.

Hamil/Knott/Whaler v. GM

Cash Settlement - 05/5/99. Hamil/Knott v. General Motors Corp; White/Whaler v. General Motors Corp., U.S. District Court, Northern District of Oklahoma, Tulsa Division. Defective fuel system in a GM A-Car. Suit brought by the Executor of the Estate of Lottie E. Knott and by the Personal Representative of the Estate of Mary A. Whaler after they died as a result of a post-collision fuel-fed fire in a 1979 Chevrolet El Camino that was struck in the rear by a 1978 Ford Fairmont. The settlement amount is confidential at Defendant's request.

Simmons v. GM

Cash Settlement - 08/17/98. Simmons v. General Motors Corp., U.S. District Court for the Southern District of Mississippi, Jackson Division. The mother of young children brought suit against GM after her daughter was killed and son injured when the mother's Pontiac Grand Prix crashed, the Type III door latch failed, the door opened, and her children were ejected. The amount of settlement is confidential at Defendant's request.

Peterson v. GM

Cash Settlement - 03/10/98. Peterson v. General Motors Corp., U.S. District Court, District of Kansas, Wichita Division. Defective GM pickup truck with side-saddle fuel tank design. Surviving spouse of 46 year-old man brought suit against GM after her husband was killed by fire when a Chevrolet pickup truck he was a passenger in collided with another pickup truck, causing explosion upon impact due to punctures to vulnerable side-mounted fuel tank of Chevrolet pickup truck. Amount of settlement is confidential at Defendant's request.

Barnes v. GM

Cash Settlement - 03/10/98. Barnes v. General Motors Corp., Court of Common Pleas, Richland County, South Carolina. Defective GM pickup truck with side-saddle fuel tank design. The surviving spouse of a 41 year-old woman brought suit against GM after his wife died from fire after they struck the side of a Chevrolet pickup truck with side-mounted fuel tanks which was blocking the roadway, resulting in punctures to the vulnerable side-mounted fuel tank of GM pickup truck. At the Defendant's request, the amount of settlement is confidential.

Below v. GM

Cash Settlement - 1998 - Below v. General Motors Corp. and Stephanie M. Unkefer, Court of Common Pleas, Wayne County, Ohio. The surviving spouse of a woman brought suit against GM after his wife died when her Buick LeSabre crashed, the Type III door latch failed, the door opened, and she was ejected. At the Defendant's request, the amount of settlement is confidential.

Douglas/Mayfield/Wall v. GM

Cash Settlement - 1998 - Douglas/Mayfield/Wall v. General Motors Corp. and Jerry Mowbray, Second Judicial District Court of Washoe County, Nevada. Defective GM pickup truck with side-saddle fuel tank design. The wrongful death beneficiaries and heirs brought suit against GM after their mother was killed by fire when a Chevrolet pickup truck she was a passenger in collided with another pickup truck, causing explosion upon impact due to punctures to vulnerable side-mounted fuel tank of Chevrolet pickup truck. Amount of settlement is confidential at Defendant's request.

Woody v. GM

Cash Settlement - 11/19/97. Woody v. General Motors Corp. and Thomas R. Durrett, State Court of Fulton County, Georgia. A 29 year-old woman was rendered a quadriplegic in a rear-impact collision. The Chevrolet Camaro she was driving was struck by another vehicle, and upon impact, the front seat back in the Camaro failed and bent backwards. Ms. Woody ramped up the seat and struck the header at the rear of the vehicle. The amount of the settlement is confidential at General Motors' request.

Conkle v. GM

Cash Settlement - 04/28/97. Conkle v. General Motors Corp., State Court of Muscogee County, Georgia. The parents of a young man brought suit after their son was killed when his 1987 Pontiac Grand AM rolled over, the Type III door latch failed, the door opened, and he was ejected. The amount of the settlement is confidential at Defendant's request.

Roberts v. GM

Cash Settlement - 04/28/97. Roberts v. General Motors Corp. and Thomas F. Sanders, Jr., State Court of Fulton County, Georgia. The surviving children of a young man brought suit against GM after their father was killed when his 1986 S-10 pickup truck rolled over, the Type III door latch failed, the door opened, and he was ejected and crushed by the vehicle. The amount of the settlement is confidential at the Defendant's request.

Oswalt v. GM

Cash Settlement - 1/97 - Oswalt v. General Motors Corp. and Riverside Buick/Cadillac, Inc., State Court of Fulton County, Georgia. The wrongful death beneficiaries and heirs of Mr. Oswalt brought suit against GM after he died from burns received as a result of a fire in the engine compartment of his 1990 Cadillac Seville.

Hardy v. GM

Verdict - 06/03/96. Hardy v. General Motors Corp. and Capitol Chevrolet, Inc. and Hardy v. General Motors Corp., Circuit Court, Lowndes County, Alabama. Believed by industry observers to be the largest verdict in automotive product liability history (at the time) and the largest verdict ever rendered against GM (the nation's largest automaker), the jury's award included $40 million in compensatory damages for Alex C. Hardy, $10 million in loss of consortium damages for his wife, Thelma R. Hardy and $100 million in punitive damages against GM. Mr. Hardy was paralyzed from the chest down for life when the axle on his 1987 GM S-10 Blazer failed, causing the vehicle to roll over. In the rollover, the Type III door latch on the Blazer also failed, the door opened, and the latch failure allowed Mr. Hardy to be ejected out the open door and paralyzed when he landed outside the vehicle. Plaintiffs proved that GM had been aware that this defect was killing and injuring Americans for at least 14 years but that GM consciously chose not to recall the defective latches or warn the public. Plaintiffs proved GM engineers, lawyers, and executives had privately labeled the performance of the latch as a "problem," "substandard," and "unacceptable," and had quietly settled all such cases and refused to produce the internal documents showing its guilty knowledge until 1994, when the time for NHTSA to force a recall of the latches expired.

GM appealed the verdict and filed a motion for a new trial. The case settled for a confidential amount in November 1996.

Randolph/Dalton v. GM

Cash Settlement - 08/21/96. Randolph for Dalton, dec'd v. General Motors Corp. and Lonnie Jones, Jr., State Court of Fulton County, Georgia. Defective GM pickup truck with side-saddle fuel tank design. The surviving parent of a young man brought suit against GM after her son was killed by fire when his motorcycle had a side impact collision with a Chevrolet pickup truck. The amount of settlement is confidential at Defendant's request.

Seebeck v. GM

Cash Settlement - 08/21/96. Seebeck v. General Motors Corp., State Court of Fulton County, Georgia. Defective GM pickup truck with side-saddle fuel tank design. The surviving wife and mother brought suit against GM after her husband and young son were killed by fire when the Chevrolet pickup in which they were riding was struck by a Ford Escort that crossed the center line of the roadway. The amount of settlement is confidential at Defendant's request.

Unnamed Plaintiff v. GM

Cash and Structured Settlement (estimated payout on $750,000 structured settlement is $2,730,510) - 07/18/96. California Plaintiffs v. Unnamed Large Auto Company, Superior Court of Los Angeles, California. A young pregnant woman was catastrophically burned, and her unborn baby died, when the vehicle in which she was riding burst into flames after a rear-impact collision.

Bishop v. GM

Cash Settlement - 09/08/95. Bishop v. General Motors Corp., U.S. District Court of Oklahoma, Muskogee Division. Defective GM truck with side-saddle fuel tank design. The mother of a 22 year-old man brought suit when her son was killed by fire after his pickup impacted a bridge. The law firm developed further evidence that GM's defective trucks had been involved in hundreds of incidents which the Court ruled were substantially similar to the Bishop wreck. After all of its trial exhibits were stricken for willful disregard of the Court's numerous orders requiring production of those exhibits, GM elected to settle the case along with three other cases, yet right after the settlement, GM continued to insist to the media that its trucks were totally safe. Amount of the settlement is confidential at Defendant's request.

Moseley v. GM

Cash Settlement - 09/08/95. Moseley v. General Motors Corp. and David Gerard Ruprecht, State Court of Fulton County, Georgia. Defective GM pickup truck with side-saddle fuel tank design. This case was tried in early 1993 resulting in a verdict of $105 million, including $101 million in punitive damages, the largest verdict in Georgia history and the largest verdict ever against GM (at the time). GM appealed the case and the verdict was overturned, with GM boasting to the appellate court and the press that it looked forward to re-trying the Moseley case. The surviving parents of Shannon Moseley, who burned alive when his pickup truck was struck by a later model GM pickup and burst into flames, agreed to settle their case because they were satisfied it had helped to tell the public the trucks were dangerous and "it was time to move on." This was one of four cases GM simultaneously settled on the eve of the trial of one of the cases. The settlement amount is confidential at Defendant's request.

Cockrum v. GM

Cash Settlement - 09/08/95. Cockrum v. General Motors Corp., U.S. District Court for the District of Kansas, Wichita Division. Defective GM pickup truck with side-saddle fuel tank design. The surviving parents of a young man brought suit against GM after their son was killed by fire when his motorcycle had an extremely low speed side impact with a GM pickup. This was one of four cases GM settled simultaneously. The amount of settlement is confidential at Defendant's request.

Wilson v. GM

Cash Settlement - 09/08/95. Wilson v. General Motors Corp., U.S. District Court of Tulsa County, Oklahoma. Defective GM pickup truck with side-saddle fuel tank design. The surviving wife brought suit against GM after her husband was killed by fire when the pickup in which he was riding was struck by a trailer that separated from another vehicle. This was the last of four cases GM simultaneously settled. The settlement amount is confidential at Defendant's request.

Cameron v. GM

Cash Settlement - 12/16/94. Cameron v. General Motors Corp., U.S. District Court of South Carolina, Columbia Division. Defective GM pickup truck with side-saddle fuel tank design. Two brothers were burned, one very severely, after their GM truck burst into flames after impact with an automobile which had spun out of control and crossed into the Camerons' lane of travel on a Kansas highway. The federal judge ordered that GM's lawyers be deposed with respect to a GM project in the early 80's to "retrieve, catalogue, and review" documents pertinent to such cases. A GM engineer swore that documents were destroyed by GM. In this case, counsel for Plaintiffs commenced the investigation into whether GM's "privilege" claims, advanced as a reason to conceal documents from Plaintiffs, were waived under the "crime-fraud exception" to the privilege, applicable where the privilege has been used to commit a crime or perpetrate a fraud. The case was settled prior to a final determination of that issue in this case. Amount of settlement is confidential at Defendant's request.

McKinley/Marlow v. GM

Cash Settlement - 03/18/94. McKinley, et al. for Marlow, dec'd v. General Motors Corp., U.S. District Court, Northern District of Georgia, Atlanta Division. Defective GM pickup truck with side-saddle fuel tank design. Both parents of adult plaintiffs burned to death after impact with another vehicle when the fuel tank on their GM pickup ruptured and the vehicle burst into flames. Eyewitnesses attempted to help the victims escape but were driven back by the flames. The efforts of this law firm to further develop evidence that GM knew of the dangers of the fuel tank location design used in these trucks prior to first sale of trucks with the defective fuel tank location continued in this case. The federal judge ordered that GM's General Counsel be deposed, but the case was settled by the clients prior to that deposition. Amount of settlement is confidential at Defendant's request.

Unnamed Plaintiffs v. GM

Cash Settlement - 05/14/93. Victim v. Automobile

Manufacturer , U.S. District Court, Southern District of Georgia, Dublin Division. Paralysis and other injuries to 37 year-old man caused by defective door latch and rollover defect which caused him to be thrown from his vehicle.

Unnamed Plaintiffs v. GM

Cash Settlement - 02/24/92. Surviving Widow v. Major Automobile Manufacturer, et al., State Court of Fulton County, Georgia. Wrongful death of 68 year-old man caused by defective door latch which failed resulting in occupant ejection during intersection collision.

Unnamed Plaintiffs v. GM

Cash Settlement - 04/29/91. Three Plaintiffs v. Major Automobile Manufacturer, et al., Superior Court of ______County, Georgia. Wrongful death of 67 year-old woman and severe injuries to her daughter.


When the Plaintiffs are not named, that is because GM insisted that the settlement be kept "confidential."