A teenager was driving a 1986 sports car with an anti-lock braking system. He believed that this meant the brakes would not fail in an emergency situation that requiring slamming on the brakes. He was driving along an old country road with straight roads and curves. He was driving at high speeds along the straight roads, up to 100 mph. He would slow down around the curves, but at one curve when he tried to slow down, the brakes did not work upon first initiation and when he tried to apply them harder, he lost control of the car and it slid sideways off the road. The car flipped twice and landed on the roof. The teen broke his back and was permanently paralyzed from the waist down. The failure of the braking system caused the car to lose control and slide off the road. Due to excessive speed through a curved roadway, the brakes did not act as expected; namely, they did not automatically "pump" the brakes when the wheels began to slide. One issue is that manufacturers of old sports cars were aware that the braking system failed when used at high speeds through a curved roadway. They should provide warnings for such an incident in order to warn drivers, especially young and inexperienced drivers, that the brakes may not work as expected when driving at a fast speed.
Attorney Lombardi's Comment: Issues in the case will center on the young man's report of what he did, when he did it and whether or not what he is reporting is accurate. Attorney Lombardi said, "That's the rub of the case. It is where the rubber meets the road. How well would this young man hold up under cross examination? That is the key to this case. I have a relationship with attorneys in Michigan who I would work the case with and of course their first question is always: "Did they save the car? Do you have the car?"
It is always about the product in a product liability case. No car - no case. It is really that simple.
Attorney Lombardi, "In serious personal injury cases like quadriplegia and paraplegia the victim takes some time to get over the forgiveness stage. When they do it is the beginning of the learning stage and about serious personal injury. What's involved with lifelong care for a quad or para requires an understanding of losing friends, parents lives changing forever and the medical costs associated with life changng events from terrible accidents. I have seen it for over 30 years and the suffering is great. There is no amount of money that can adequately compensate a victim. But we try, because we do care about our clients."
This is where the Lombardi Law Firm can prove its worth. Call us for legal help. Attorneys Lombardi and Schaefer are here to help you get what you are owed and deserve.