Recently, a state supreme court released answers to the certified questions posed by a lower federal court in a car accident case. The question involved the applicability of a comparative negligence defense in a crashworthiness case brought by a man who was injured in a car accident.
The case stems from a 2012 accident in which an individual and his friend were driving in a 1987 Chevy pickup truck, owned by the friend. Evidence showed that the driver was under the influence of marijuana when he came to an intersection and failed to stop, ultimately ending up directly in the path of a Ford truck. The truck driver was unable to stop in time and hit the plaintiff’s car, which caused the Chevy to burst into flames. The driver died, and his friend suffered severe injuries.
The passenger in the Chevy filed a crashworthiness lawsuit against the car manufacturer, arguing that the pickup’s design caused the explosion. The defendant filed a motion for summary judgment, arguing that a comparative negligence analysis should be applied, and the plaintiff should be barred from recovery because the driver was impaired when the accident occurred.