A Pennsylvania woman has filed a lawsuit against Megabus LLC Northest after she suffered severe brain and spine injuries in a 2010 Megabus crash. The crash occurred when the driver missed his exit off the interstate and ended up on a smaller road. The woman was seated on the second level of the bus when it crashed into a low railroad bridge. The suit claims the crash could have been averted had the bus been equipped with a GPS device.
Chrysler Recalls 300,000 MinivansChrysler has issued a recall of 300,000 minivans to fix problems with the air conditioner that could cause the airbags to suddenly deploy. The recall affects certain 2008 Grand Voyager, Town and Country and Dodge Grand Caravan vehicles. The company said "condensation from the heating and air conditioner could leak onto a sensor module," causing the airbag deployment.
Honda Motor Co. has issued a recall of about 1.5 million vehicles in the United States and more than 130,000 in Canada to fix a problem with the transmission software. Company officials said that if the transmission was quickly shifted between gears, the transmission could become damaged. The recall covers four-cylinder Accords, the CR-V crossover and the Honda Element.
Ford Recall
Ford has
issued a recall of nearly 3,000 Ford Five Hundred and Mercury Montego vehicles due to a defect in the fuel tank. The company reported that fuel from the tank could leak out in the event of a crash due to bad welds. The recall affects cars from the 2007
year.
No insurance, no claim for non-economic damages. The Kansas law requires you to have insurance and there are penalties for failing to maintain insurance on your vehicle. You now have another reason to get auto insurance. No if you do not have auto insurance a new law provides that you will not have a claim against the driver at fault for non-economic loss should you be in an auto accident. This does not apply if you can show by clear and convincing evidence that you did not knowingly drive without insurance. This law does not apply to any person who had a lapse of insurance within the last 45 days as long as they have had continuous coverage for a year.
Toyota Recalls Hybird SUVs Toyota Motor Corp. has issued a recall of about 82,200 hybrid sport-utility vehicles to correct an electrical problem in the vehicles. The recall covers 2006 Highlander Hybrid and Lexus RX 400h models. The company reported that certain transistors in the vehicles can overheat and blow, causing the vehicle to lose power or stop running.
Kia to Pay $40 Million in Wrongful Death Suit
A claim can be made under the right facts for a defective seat belt. One such lawsuit was filed resulting in a $40 million award against Kia. In that situation a seat belt became unlatched and a minor was thrown from the car resulting in death. Kia is the manufacturer of the vehicle and has had other models with defective seat belts according to some recall documents. This particular vehicle was a 1999 Kia Sephia. The case involved a safety defect known as “false latching” where the user believes the belt is properly belted but it will come unlatched during an accident. It is estimated that there are some 250,000 cars with the same problem on the road.
Chrysler Recalls 11,000 Vehciles of Various Models
Chrysler has issued a recall of more than 11,000 vehicles manufactured this year due to problems with the steering column. The recall includes the 2011 model Jeep Wrangler, Liberty, Compass and Patriot, as well as the Dodge Journey, Avenger, Nitro and Caliber, and the ChryslerTown & Country. The company reported that during a front-end collision, the steering column may not be able to support the "occupant loads," increasing the potential for serious injury. Aaron M. Kessler, Detroit Free Press 06/17/2011
Mazda, Hyndai Recall Vehicles Made in China
Mazda has issued a recall of 94,874 Mazda 3 sedans in China to fix a problem with faulty windshield wipers on the vehicles, a Chines watchdog agency reported this week. The vehicles were manufactured at Mazda's three-party joint venture with Ford Motor and Chongqing Changan Automobile. Hyundai also recalled about 9,280 sedans in China that have potential engine problems. Fang Yan and Ken Wills, Reuters 06/17/2011
A Florida judge on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident. According to an attorney for Derry Brown Jr., the suit was filed against National Casualty Co. as an uninsured motorist claim. The accident occurred when the driver swerved to avoid another driver who ran a stop sign. Brown lost use of his arms and legs as a result of the accident and requires ongoing rehabilitation. Brittany Levine, Miami Herald 06/24/2009
Recalled Automobiles. Three automakers and two motorcycle companies have recalled vehicles this month because of safety problems. Among the recall issued by the National Highway Safety Administration are more than 35,000 Kia Optima models, about 175,000 Hyundai models, about 17,500 Volvo models, about 730 Ducati motorcycle models and about 11,000 Harley-Davidson motorcycle models. The recalls require the manufacturer to repair the defects at no cost to the owner. Christopher Jensen, The New York Times 06/19/2009
DOWNING v. KINGSLEY, 43 Kan. App. 2d 30 (2009),No. 101,490.Court of Appeals of Kansas. Opinion filed December 24, 2009.
SYLLABUS BY THE COURT
5. NEGLIGENCE — Plaintiff's Burden of Proof — Proof Requires Showing Existence of Duty, Breach of Duty, Injury, and Proximate Cause. In order to establish a negligence claim, the plaintiff must establish the existence of a duty, a breach of that duty, an injury, and proximate cause, which means a causal connection between the duty breached and the injury. The general rule is that whether a duty exists is a question of law, but whether the duty has been breached is a question of fact. 6. TORTS — Negligence — School Bus Driver Not Liable under Facts of Case When Driver Signaled Another Motorist to Cross Intersection Resulting In Collision with Third Vehicle. Under the facts of this case in which a school bus driver signaled to another motorist to cross an intersection, which resulted in a collision with a third motorist, the district court did not err in granting summary judgment in favor of the school bus driver and his employer on the issue of liability.
More Case law
Kannady vs. Ball, 102,359, (Kan. App. 6.18/2010) 234 P.3d. 826:
The issue before us is whether GEICO's policy, which provided liability coverage to Hoyt, is an asset of Hoyt's estate. The answer is found in Nichols v. Marshall, 491 F.2d 177 (10th Cir. 1974). Nichols involved a similar fatal automobile accident on the Kansas Turnpike. Raymond Nichols was killed in the accident. So was Frank Frombaugh, the negligent driver. After opening a probate estate in ShawneeCounty for Frombaugh and having Herbert Marshall appointed administrator, Nichols' widow brought a wrongful death action against Marshall as administrator of the Frombaugh estate in the federal district court in Kansas. Frombaugh was insured by Allstate Insurance Company. Plaintiff obtained a judgment against the defendant at trial and thereafter brought garnishment proceedings against Allstate. Allstate contended that the federal district court lacked jurisdiction to proceed in the garnishment proceeding. It contended that plaintiff needed to present her claim in what was then the probate court of Shawnee County and obtain an allowance of claim from the probate court. The Tenth Circuit Court of Appeals disagreed, stating: "Such would apparently be the approved procedure if the policy of automobile liability insurance issued Frombaugh by Allstate be truly an asset of Frombaugh's estate. However, . . . Nichols contends that the automobile liability insurance policy with which we are here concerned is not truly an asset of Frombaugh's estate. . . . We agree."
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