Case Synopses

Nemir v. Mitsubishi Motor Corp., et al

... Plaintiff-Appellant Michael A. Nemir brought a diversity products liability suit against Defendants-Appellees Mitsubishi Motors Corporation and its parent company, Chrysler Corporation, alleging that his seatbelt’s failure to latch caused injuries that left him brain-damaged and paralyzed following a car accident. After the jury rejected Nemir’s claims, the district court entered judgment for, and awarded costs to, Mitsubishi, and Nemir appealed both decisions. For the following reasons: (1) the district court’s judgment for Mitsubishi is REVERSED and the case is REMANDED for a new trial; (2) the district court’s award of fees to Mitsubishi is VACATED; and (3) the case is to be assigned to a different district judge...

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Mary Thias and John Thias vs. W.M. Limited Partnership d/b/a
Wendy¹s of Michigan; United States District Court for the Western District
of Michigan

In August of 1998, Mary Thias, a senior citizen, was leaving a Wendy¹s
restaurant in Grand Haven, Michigan, when she slipped on soapy water just
outside of the doorway. The soapy water was used by a Wendy¹s employee to
clean the sidewalk but some of the residue remained. Just prior to Mary
slipping, another patron had slipped on the same residue.

Mary was a retired surgical nurse and was a healthy senior and moderately
active before the event. She suffered a sub-capital fracture of the left
femoral neck, resulting in a bi-polar hemiarthroplasty (a ball and socket
hip replacement).

The Defendant settled after mediation.

Patricia Holt, as Next Friend of Curtis Holt, a Minor vs.
Monnie Holt and Briggs & Stratton; State of Michigan in the Circuit Court
for the County of Monroe

In April of 2000, Curtis Holt, a minor, was operating a home-made go-kart
which was powered by a Briggs & Stratton 3.5 horsepower gasoline engine.
Briggs & Stratton knew that their engine was going to be used on go-karts
and that go-karts had a high potential to rollover and that gasoline would
leak out of the fuel system; thus, there existed a known hazard for fire.
While Curtis was operating the go-kart, it rolled over a fire ensued
resulting in third degree burns over thirty (30%) percent of Curtis¹ body.
The case settled with payment by the go-kart builder¹s insurance carrier and
Briggs & Stratton.

The Estate of Lorene Bowman vs. Ford Motor Company, Et Al.; State of
Michigan in the Circuit Court for the County of Washtenaw

On March 21, 1996, Lester and Lorene Bowman were traveling in their 1995
Mercury Grand Marquis when they were struck head-on by another vehicle.
Lorene Bowman¹s seatbelt broke, at the latch plate, causing her to go forth
with such force that she sustained massive chest and thoracic internal
injuries from which she eventually succumbed.

The velocity or Delta V change, at the time of impact, with the front end of
the vehicle was 24-28 mph. The other driver, driving the impacting vehicle,
was also seatbelted and sustained no injuries. Ford Motor Company and the
other Defendants decided to settle the case rather than go to trial.

Sandra Lee Loe, Administratrix of the Estate of Jenny Loe, Deceased, vs.
Nationwide Insurance Co., Et Al.; in the Common Pleas Court, Wood County, Ohio

This case involved an apartment fire in North Baltimore, Ohio; wherein, the
decedent, Jenny Loe, resided with her four year old son. On February 6,
2000, in the early morning, a fire started as a result of excessive amperage
in a 16 gauge extension in Jenny¹s living room. The excessive amperage was
the result of the use of a 30 amp. plug fuse by the landlord, Moses
Management, contrary to code. The excessive amperage caused heat which
melted the external coating of the cord and caused the wire strands to
short. The 30 amp. plug fuse still permitted circuit to go into the short
area unabated without blowing.

Jenny died as a result of burns and smoke inhalation. Complicating the case
was the destruction of fire scene and evidence by the Nationwide Insurance
Company fire investigator.

The case settled two weeks before trial.

Charity Lynn Adams, as Conservator for Autumn Rae Roberts, a Minor vs.
Jeffrey Mocniak; State of Michigan in the Circuit Court for the County of
Lapeer

On November 10, 1998, Autumn Roberts, a tiny baby, was properly restrained
in a child seat in a 1987 Dodge Colt. The vehicle was rear-ended by Jeffrey
Mocniak, who failed to stop in the assured clear distance. Autumn sustained
severe traumatic brain injuries, including a subarachnoid hemorrhaging to
the frontal lobe. Autumn now suffers from post-traumatic epilepsy and
developmental problems. The insurance company¹s lawyer for the Defendant
posited a sudden emergency defense which was totally neutralized by Kevin C.
Riddle of this office in his deposition of their accident reconstruction
expert. The Defendant, after mediation, settled for the policy limits of
Mocniak¹s policy.

Lisa Howell vs Isuzu, Et Al.; in the Circuit Court for the County of Wayne

This rollover case involved a passenger in a 1994 Isuzu Rodeo, Lisa Howell.
When the vehicle rolled over on eastbound M-59, in Auburn Hills, Ms. Howell
was trapped underneath and sustained a cervical corpectomy, and paraplegia
quadreparesis and a myriad of other cranial and internal injuries. Lisa
Howell is wheelchair bound for life and totally disabled.

The case was placed into litigation and eventually resolved with the
Defendant, Isuzu, by Craig E. Hilborn of this office.

Ranislav Draskovic vs. General Motors Corporation; State of Michigan in the
Circuit Court for the County of Wayne

On May 10, 1999 the Plaintiff, Ranislav Draskovic, was driving a 1988
Chevrolet commercial van which was struck from behind and during the
accident sequence, the driver¹s seat pulled out of its mountings. It was
observed that the Defendant used poor and weak fastening arrangements which
caused the seat to break away and to eject backwards. The Plaintiff was
thrown back with such force that he sustained severe trauma to thoracic area
of the spinal cord resulting in the paralysis from the waist down.

Mr. Draskovic is totally disabled. He has no control of his bowels or other
aspects of his lower extremities. General Motors, rather than continue on
with the litigation, agreed to settle the matter.

Kimberly Colwell vs. Surehands Lift Care Systems, d/b/a
T.F. Herceg, Inc., Et Al.; State of Michigan in the Circuit Court for the
County of Oakland

On May 14, 1999, Kim Colwell, a 34 year old home health aide was caring for
a patient by utilizing a ceiling mounted lift manufactured by Handi-Move NV
which allowed for her to move a bed ridden patient in safety to adjacent
areas of the house. The patient in this case was being lowered; while being
lowered, a weld on a supporting nut failed causing the lift and 180 pound
patient to go crashing to the ground while Kim was trying to hold onto the
bars. Kim sustained what is called a sympathetic dysfunction to the upper
left shoulder area which aggravated a pre-existing ulnar neuropathic
condition. Kim suffers from permanent chronic disabling pain preventing her
from returning to productive employment.

The Dutch manufacturer¹s representative on deposition taken by Kevin Riddle,
of this office, admitted that the manufacturer had experienced similar
failures in the weld area. Craig Hilborn and Kevin Riddle were able to
convince the manufacturer to settle for an amount commensurate with the
injuries.

Lawrence J. Juliano vs. E.I. Dupont Demours; State of Delaware in the
Superior Court for the County of New Castle

On September 25, 1997, Plaintiff, Larry Juliano, was an employee of Wayman
Fire Protection Company. On the date in question, Larry was replacing a
smoke detector at Dupont¹s Holly Run facility. During the course of
replacing the smoke detector, Larry was exposed to chromium dioxide which
began to affect him afterward.

Larry began to suffer chronic pain in his joints requiring him to use a cane
to walk. Also, he suffered from blurred vision and cognitive impairment.
Craig Hilborn, of this office, litigated the matter and was successful in
settling it after mediation.

James Brewer, Et Al., vs. Detroit Hummer d/b/a for Field¹s, Inc.; State of
Michigan in the Circuit Court for the County of Oakland

Early in May of 2000, James Brewer took his Hummer in for repairs to the
front end and suspension. The mechanic at Detroit Hummer allegedly did work
on the suspension and front end and did not do the required retrofit on the
pittman arm. Kevin Riddle in his deposition of the Hummer mechanic elicited
testimony; wherein, the mechanic indicated that he was a certified mechanic
(which was totally untrue), and that he had done the necessary repairs,
including the retrofit (which he had not). As a result of these failures
James, while operating the vehicle, lost control of it and crashed suffering
severe trauma to his lower back which resulted in an anterior lumbar fusion
at L5. The Defendant settled the case rather than proceed to trial.

Country Builders, Inc., Et Al., vs. H.F. Campbell Co., Et Al.; State of
Michigan in the Circuit Court for the County of Wayne

Craig Hilborn tried this case on September 10, 2002, and won a verdict
against the Defendant for $98,025.98 plus interest and costs bringing the
total Judgment to $126,946.74. The case centered around a breach of a
construction contract by the Defendant and a refusal of the Defendant to pay
construction costs for the homes built by Burton Arbuckle. The case mediated
for $25,000.00 but there were no offers by the Defendant prior to the trial.

The Estate of Heather Breneman vs. Chrysler Corporation, United States District for the Northern District of Ohio

Our client, Michael Breneman, was the father of Heather, an 18-year-old student at Hillsdale College, who was killed while riding in the left rear of a 1991 Jeep Wrangler which was provided with only a lap belt instead of a three point restraint. The vehicle, upon impact in the front right by a Ford Explorer, was caused to rotate; thus, Heather's body moved to the right with her head striking the steel wheel-well causing a severe subdural hematoma and swelling within the brain eventually causing her death.
Chrysler decided to settle the case rather than go to trial. All members of the firm participated in the preparation and resolution of this matter.

Catherine & Stephen VanHoozer vs. General Motors and Suzuki Motor, Ltd., United States District Court for the Northern District of Iowa

This case involved a 1993 Tracker which was owned and operated by Catherine VanHoozer. While traveling down a graveled road in Blackhawk County, Iowa, she lost control of the vehicle after the right rear tire became restricted by a "wind row" of gravel, causing the vehicle to roll over and throwing Mrs. VanHoozer out, rendering her a paraplegic. The case was settled after two years of litigation and the review of thousands of documents in regard to the stability of this Suzuki designed SUV. The settlement proceedings were commenced approximately two weeks before the case was to go to trial.

Betty & Otto Mork vs. Ford Motor Company

This was a case involving a 1995 Ford Taurus that slipped out of park and ran over Mrs. Mork while she was taking her groceries out of the vehicle, severely injuring her maxillary and jaw area. The case was settled by Craig Hilborn of this office, prior to having the matter filed in litigation. The venue of the case would have been Leland County, Michigan.

Brandi & Brian Howard vs. General Motors, Circuit Court for Polk County, Iowa

This case involved Mrs. Brandi Howard, who was operating a 1992 Tracker on I-68 in Maryland traveling westbound when the vehicle was caught up in a crosswind. Mrs. Howard attempted to correct against the wind and the vehicle rolled over, rendering Mrs. Howard a paraplegic. She moved to Iowa after the accident to live with her parents. The case was resolved and settled with General Motors within a month of trial. This case was settled by Craig Hilborn and litigated by George Hilborn and Kevin King of Columbus, Indiana.

Kelly Jones vs. Ford Motor Co., Common Pleas Court for Cambria County Pennsylvania

This case involved 24-year-old Kelly Jones, who was operating her 1990 Ford Probe which was impacted by a vehicle that had run a stop sign. The impact was at approximately 10 m.p.h. The tempered safety glass in the left window shattered, causing the fragments to be propulsed, one of which struck Kelly in the right eye and permanently blinded her. The matter was litigated and resolved by George and Craig Hilborn and Ronald Carnevali of Johnstown, Pennsylvania.

Stephen & Carol Ellison vs. Ball-Foster Glass Container Co. & Anheuser Busch, Monroe County Circuit Court, Judge Michael LaBeau

This case involved the explosion of a 12 ounce Budweiser Bud-Lite while Mr. Ellison was placing the bottle into the cooler. A fragment of glass was propulsed into Mr. Ellison's right eye, rendering him blind in that eye. The case was resolved approximately two months before trial. This case was handled by George Hilborn and Kevin Riddle of this office.

The Estate of Mary E. Mireles vs. Mazda Corp., District Court for Travis County, Austin, Texas

This case involved a two car impact wherein Mrs. Mireles was wearing the upper torso restraint portion of a two-piece passive seat belt system provided by Mazda and Ford Motor Company. Her vehicle was struck in the right front and incurred minimal damage but the upper torso restraint, when loaded by her body, continued through into her stomach with such force that it compressed and lacerated her liver, thus killing her. This case was litigated by Eric Buikema of this office and Mike Davis of Slack & Davis of Austin, Texas. Eric was instrumental in negotiating the ultimate settlement with Mazda.