A U.S. Navy lieutenant says he was driving a new Hyundai when suddenly the wheel malfunctioned, causing the car to cross lanes of Interstate 95. (Photo: Hyundai)
A Connecticut jury recently found that the front driver's side wheel of a new Hyundai Elantra was not defective when the vehicle crossed lanes of a highway, injuring the driver.
|The lawsuit
In his September 2015 lawsuit, Ryan Brown Jr., a 28-year-old U.S. Navy lieutenant, says he was driving the new vehicle, which he had purchased 13 days earlier, when suddenly the wheel malfunctioned, causing the car to cross lanes of Interstate 95 in Old Lyme, Conn., before eventually being brought to a stop in the median.
The lawsuit says no other vehicles struck Brown's car, but Brown did say he was “violently thrown about the interior of the vehicle,” suffering orthopedic injuries requiring multiple surgeries and resulting in permanent disabilities. The lawsuit said Brown has suffered lower back pain, chronic pain to his right shoulder and right hip and intermittent lateral ankle pain.
|The verdict
In interrogatories, a six-person New London Superior Court jury answered a key question July 3, which sealed the verdict for the defense: “Was the subject wheel defective because it did not comply with design specifications or performance standard?”
The answer to that question, the jury determined, was no.
The trial lasted six days and jury deliberations lasted “a matter of minutes,” according to David Case, a partner with Hartford-based McElroy, Deutsch, Mulvaney & Carpenter, who served as one of two defense attorneys for David Cartwright, owner of Central Hyundai in Plainfield. In addition to Cartwright and the dealership, Hyundai Motor America Inc., was named as a defendant.
While the plaintiff maintained the cast aluminum wheel was defective, the defense argued and brought several experts to testify they believed the car struck a large object before the incident.
“We did offer at trial that the plaintiff struck something near or in the highway to cause the fracture,” Case said.
Specifically, Case told the Connecticut Law Tribune last week, state Department of Transportation records showed there was construction work on Interstate 95 in that area at the time of incident.
“DOT records, including photos at the time, showed there was heavy construction done to the overpass,” Case said. “There were construction supplies, debris and equipment near the roadway. The testimony was the incident with the wheel could have been generated by a piece of iron, concrete debris or a large enough piece of lumber. All the laboratory testing showed the wheel met all specifications and was not defective.”
Thor Holth, a partner with New London-based Holth & Kollman, represented Brown. Holth told the Connecticut Law Tribune he has filed a motion for a new trial. Holth had no further comment.
Case said plaintiffs had requested about $700,000 at trial. Immediately prior to trial, Case said, their demand was as much as $1.5 million and was later reduced to $775,000.
Prior to the jury verdict being rendered, Case said, “We felt confident because of how the evidence was presented. Our client, Hyundai, takes seriously the allegations that their product was defective. The product, though, is totally safe and not defective.”
Robert Maxwell of Covington, Louisiana-based Bernard, Cassisa, Elliott & Davis assisted Case in the matter.
This piece first published at law.com.
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Robert Storace
Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.
