Hyundai Motor Co. v. Duncan: Expert Testimony in Personal Injury Cases

Hyundai Motor Co. v. Duncan: Expert Testimony in Personal Injury Cases http://ift.tt/1JfuOCs

Hyundai Motor Co. v. Duncan: Expert Testimony in Personal Injury Cases

In Hyundai Motor Co. v. Duncan , plaintiff suffered a serious closed-head injury when he lost control of his car. After losing control of the car, he left the road, hit two snow banks, crashed into a large hay bale and ultimately hit a tree on the driver's side of the car. His vehicle was equipped with a side airbag, but it did not deploy during this accident.

Following his injury, conservators of victim filed civil lawsuit in victim's name. Defendant was car manufacturer who produced the car. Claims were initially made for negligence, failure of the implied warranty of merchantability, fitness for a particular purpose, breach of express warranty, and failure to warn. Boston personal injury attorneys may also have the ability to seek triple damages in a defective products claim pursuant to Chapter 93A of the Massachusetts Consumer Protection Act.

The case proceeded to trial, and plaintiff pursued only the claims for breach of the implied warranty of merchantability, fitness for a particular purpose, and unreasonable dangerous design. Plaintiff argued if the airbag sensor had been put in a different place, it would have deployed and prevented claimant from being seriously injured in the crash.