Subrogation Case Summary

Background and Audience Relevance: According to National Highway Traffic Safety Administration, in 2015, about thirty-five hundred people were killed, and four hundred thousand were injured in car crashes.

Case Background: Mendez driving minivan w/ 6 passengers when tire made by Cooper Tire lost its tread. Mendez lost control 4 passengers were killed. Tire was punctured by a nail. Survivors sued Cooper for product defect and jury awarded over $11 million in damages; appeals court affirmed. Cooper appealed

While driving Curtis Campbell the defendant, chose to pass six vans on a two-lane highway. Another driver was Todd Ospital, who was approaching from the other side. Moreover, to avoid a head on collision with the defendant, Ospital swerved over into the shoulder of the highway lost control of his vehicle and crashed in to driver Robert Slusher. In result Ospital was killed, and Slusher was permanently disabled, meanwhile the Campbell’s escape without a scratch. Being charged for wrongful death the defendant believed he was not at fault, however evidence differed his claim. The Campbell’s insurance company decided to deny the offer made by Slusher & Ospital estate for a settlement of “50,000 ($25,000 per claimant)”. (Oyez) Which lead the defendant to be found completely at fault, and judgment went back up to up to $185,849.( Cornell Law). Three years later the defendant, Slusher, and made an agreement that they would not speak against Mr. Campbell; and in exchange the defendant would sue the insurance

About 1.3 million individuals pass on in street crashes every year, all things considered 3,287 passings per day. Every year about 400,000 individuals under 25 bite the dust on the world's streets, by and large more than 1,000 a day. More than 90% of all street fatalities happen in low and center wage nations, which have not as much as half of the world's vehicles. The greater part of all street activity passings happen among youthful grown-ups ages 15-44. The mind larger part (75 percent) of genuine adolescent driver crashes are because of "basic blunders," with the three basic mistakes representing about

The Plaintiffs cannot set forth any actions or inactions of BATO that are even remotely connected to the tire at issue in this matter. As to BSRO, the Plaintiffs must prove by a preponderance of the evidence that the defendant's conduct was a substantial factor in bringing about the complained of harm. Additionally, when there are likely reasonable other causes of the accident, the Plaintiffs must set forth evidence to exclude other reasonable causes of the harm with a reasonable amount of certainty to prove a claim of negligence. The Plaintiffs cannot not set forth any facts to exclude Mr. Joe Grant's testimony that the tire was most likely damaged by a road hazard. If the tire was damaged before or during the installation, the Plaintiffs would have brought the vehicle back to the store for a new tire. It is highly unlikely that Mr. Narcisse drove the car home with a deflated tire after buying 4 new tires and did not notice. Moreover, it is highly unlikely that Mrs. Narcisse drove around for six (6) days on a completely flat tire. Thus, the Plaintiffs' negligence claims should be

With this information in their hands, that they were able to come up with a new study to help differentiate between motor vehicle accident (MVA) and non-accidental injury (NAI) cases and hypothesized that motor vehicle accidents and non-accidental blunt force trauma cases would present

One of the most important but often neglected car components are tires. Because your tires connect your car to the road, they are responsible for the acceleration, braking, steering, and handling of your car. Bad tires compromise your ability to control your car especially in poor driving conditions and when making emergency maneuvers. Why are tires often neglected by the driving public? Because unless the tire is flat, tires in bad shape can be driven on and it is human nature to wait until something breaks before giving it attention.

It is foreseeable that future manufacturers will not be as compliant as some manufacturers are today in being held strictly reliable. To entice manufacturers, and relieve their concerns they will not be unfairly held accountable for the negligence of drivers; it is significant to discuss how a driver could be at fault. Negligence liability (NL) is less efficient than that of SPL because it requires a higher burdened of proof. A court will recognize negligence when (1) an act or a failure to act falls below the standard of due care (i.e. a breach), that act or failure (2) actually and proximately caused an injury to a third party whom (3) a duty was owed. In such a context manufactures must use reasonable care to design their AVs to minimize

The insights are exceptionally pitiful, in light of the fact that as indicated by the CDC (Centers for Disease Control and Prevention) in 2011, 3,331 individuals were slaughtered in crashes including an occupied driver, and 387,000 individuals were harmed in engine vehicle crashes including a diverted driver. Also, a current report by the Virginia Tech Transportation Institute demonstrated that drivers

many accidents have occurred due to minor mechanical errors which goes to show that the simplest mistake could kill someone. some accidents happen because a harness was not completely secured or because someone decided to not follow instructions. However,

The following problems are often the result of minor accidents and can have a significant impact on a vehicle’s safety and performance:

Tires affect your car's acceleration, braking, steering and handling. More importantly, they affect the safety of both yourself and your passengers. Despite this, people don't pay enough attention to proper tire maintenance. The problem is often complicated because of misguided ideas about what proper tire care and maintenance really is. Three of these all too common car misconceptions are explored below:

Almost everyone in today’s world utilizes some type of transportation to travel from one destination to another. Therefore, this research will examine the root cause and common cause of car crashes that occur on the traveling roads in Minnesota since 2005 (DHS, 2016). It is crucial to examine the contributing factors that leads to the motor vehicle crash such as failure of the brake system or speeding. Because some drivers’

This numerical data shows that 17% of the road toll in 2013 were caused by motorcycle collisions. As promoted in the television advertisements, motorcycles are urged to decrease their speed. In 2013, 43% of motorcycle deaths occurred due to the driver exceeding the legal speed limit. Motorcyclists are encouraged to reduce their travel speed by 5km per hour in order to reduce road trauma. Speeding over a minor amount of speed of 5km per hour, can still determine the difference between a “close call” and a “serious accident.”

Every year around 1.2 billion people had been into accident in which half of accidents are bike related. Global Status Report on Road safety states that India is one of the leading countries in road accidents. This