We pursued this very difficult product liability case with the Law Offices of David Greenberg and against Defendant Daimler Trucks North America.
Defendant’s 2009 Freightliner Columbia tractor trailer was designed and equipped with two 100-gallon side-mounted Diesel fuel tanks. Decedent was driving the truck when, for reasons unknown, she veered off the I-710 and collided with a tree. Decedent survived the initial impact. However, the exposed side-mounted fuel tank on the driver’s side was pierced by the truck’s axle during the impact, causing Diesel fuel to spray out of the tank and erupt into flames. Decedent burned to death in an otherwise survivable crash due to the post-collision, fuel-fed fire.
We alleged that the subject truck and its fuel system were defective in design due to the exposed side-mounted fuel tanks which are extremely vulnerable and easily susceptible to piercing by other components of the truck.
We proposed a safer alternative design of the truck and its fuel system, namely moving the fuel tank behind the cab where it is much less exposed and vulnerable.
Defendant Daimler alleged that the design of its truck was safe and state of the art, with millions of similar trucks had been sold and with no other manufacturer of Class 8 trucks putting the tank behind the cab. Defendant Daimler also claimed it had never lost this case before threatening to “do whatever it takes to make sure your clients won’t net anything after it is all said and done.”
Arash Homampour tried the case for Plaintiffs and the jury agreed with Plaintiffs finding the truck’s design defective and apportioning 100% fault to the defendant vehicle manufacturer.
Plaintiffs were the three adult children of Decedent.
Plaintiffs expect to recover an additional $1 million in interest and costs.