General Motors Motor Vehicle Accident, Defective Vehicle Settlement Reached
Posted by
Amy RothschildMay 04, 2007 12:21 PMPrior to trial, Joye Law Firm successfully reached on behalf of clients William B. Stockton, Sr., and his wife, a large settlement of a case against General Motors Corporation for paralyzing injuries sustained by Mr. Stockton when as a result of a motor vehicle accident, his 1994 GMC Yukon was sent into an off-road rollover.
In July of 2002, Mr. Stockton, a 57 year-old recently retired police officer and father of three children, was returning home with dinner to his wife of 38 years. Mr. Stockton was doing everything right. He was driving within the posted speed limit. He was maintaining a proper look-out. He was properly belted.
As he was proceeding through an intersection, a vehicle coming from the opposite direction was rear-ended and forced into Mr. Stockton's lane of travel. Despite Mr. Stockton's efforts to avoid the accident, the vehicle struck Mr. Stockton's 1994 GMC Yukon, sending it into an off-road roll-over. The roof of the vehicle collapsed well below the steering wheel and crushed down on Mr. Stockton severely encroaching his occupant safety area, causing his spinal cord to sever. He also suffered a brain injury.
As a result of the violent accident, Mr. Stockton was rendered a quadriplegic and he and his wife's lives were forever changed. Mr. Stockton's medical bills were astronomical and climbed to nearly $1,500,000.00. His anticipated future medical care costs were even more exorbitant and expected to reach into the millions. The at-fault driver's insurance coverage was so minimal, it afforded the Stocktons with virtually no assistance.
The Stocktons' lives were shattered. Instead of celebrating their retirement and engaging in their active lifestyles of dancing and traveling, the Stocktons were forced to sell their dream home and relocate to a more affordable city located hours from their children and grandchildren - their only support. The Stocktons were relegated to spending most of their days in their home due to Mr. Stockton's limited mobility and his need for 24 hour care. Due to their inability to afford in-home nursing care, this care fell squarely on the shoulders of Mrs. Stockton. While Mrs. Stockton dutifully and lovingly provided this care, it was not without significant health costs to her, resulting in back surgery and necessitating heart surgery that had to be postponed because of their inability to afford assistance in the care of Mr. Stockton.
A few months after the accident, the Stocktons, who reside in Virginia, turned to Joye Law Firm for assistance. The firm's experience in handling these types of cases has allowed it to build a nationwide automotive products liability practice. Joye Law Firm shortly thereafter filed an action on behalf of the Stocktons against General Motors Corporation in the State of Virginia alleging that General Motors Corporation had defectively designed the roof of the 1994 GMC Yukon by failing to sufficiently reinforce its roof so as to afford passengers like Mr. Stockton with any reasonable degree of protection. The lawsuit alleged that General Motors Corporation was aware of the dangers associated with roof crush and knowingly neglected to afford its consumers with protection from a known danger. While vehicle roll-overs do not account for a large number of accidents, they do account for a very large percentage of overall fatalities.
Joye Law Firm vigorously pursued this case. Joye Law Firm retained numerous nationally known experts from across the country to assist in the preparation of this case for trial. These experts included an accident reconstructionist who visited the accident scene in Virginia in order to recreate the accident sequence, a biomechanic to discern how the life-altering injury occurred, an automotive design engineer who examined the 1994 GMC Yukon for defects and then developed an alternative design to the existing roof which would have afforded Mr. Stockton with appropriate protection, a life care planner to develop a health care protocol for Mr. Stockton, and an economist to establish Mr. Stockton's future medical care costs. Mr. Stockton's physicians and additional medical experts were also prepared to testify in the trial of the case.
Joye Law Firm uncompromisingly and relentlessly pursued this case in Virginia on behalf of the Stocktons. There were numerous heated court battles in Virginia over General Motors Corporation's failure to produce documents that were necessary for Joye Law Firm's preparation of the case for trial. Depositions also took place in Virginia. Due to Joye Law Firm's aggressive prosecution of this case to exhaustively prepare for trial, the case was able to be effectively resolved through mediation just months before the two-week trial of the case was scheduled to go forward.
The Stocktons expressed appreciation to firm attorneys Mark C. Joye, and Amy B. Rothschild and their staff, for their personal attentiveness and tenacious efforts in the case. Mark stated, "For years, the dangers of roof crush associated with roll-overs has been known to the automobile industry. Despite notice of this obvious hazard, especially as relates to sport utility vehicles, the automobile industry continues to ignore it even though roof strength could be improved at minimal cost. We are glad that we were able to assist the Stocktons in achieving an adequate settlement so that they can provide for themselves for the rest of their lives by holding General Motors Corporation accountable for its actions."
In addition to automotive product liability cases that have been litigated in California, Michigan and Virginia, Joye Law Firm and its product liability team, comprised of four attorneys and a support staff, also have ongoing product liability cases in Florida, North Carolina, and of course, South Carolina. Joye Law Firm's present caseload includes a myriad of vehicle manufacturers and defects. Joye Law Firm is currently working on cases involving Dodge Durangos, Ford Explorers, General Motors Corporation TrailBlazers and Yukons, Plymouth minivans, and Freightliner tractor-trailers. While these cases all involve crashworthiness, other specific defects at issue include fuel lines, handling and stability control, roll-over and roof crush, occupant restraint systems, door locking and latch systems, and window glazing.