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Date: 08-23-2024
Case Style:
Cynthia Summers and Kimberly Washington v. FCA U.S., LLC f/k/a Chrysler, LLC and Chrysler Group, LLC
Case Number: 23-CV-1777
Judge: Susie Morgan
Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)
Plaintiff's Attorney:
Defendant's Attorney: Thomas E. Bazemore, Lawrence J. Centola, III, Carl Joseph Giffin, Jr., Charles Spencer Smith
Description:
New Orleans, Louisiana personal injury product liability lawyer represented the Plaintiffs.
On or about April 29, 2022, Danielle Summers was a passenger in a 2007 Chrysler Town & Country Extended Van (the “Chrysler Van”), driven by Plaintiff Kimberly Washington, when the Chrysler Van was struck on the passenger side by another motorist.[5] Plaintiffs allege that, “[a]s a result of the impact, the [Chrysler Van] spun and flipped one and a half times.”[6] Plaintiffs claim the impact caused Danielle Summers “to be ejected” from the Chrysler Van and to sustain “severe[] injuries, which [] ultimately resulted in her death,” and caused Plaintiff Washington “to be partially ejected” from the vehicle and to sustain non-fatal personal injuries.[7]
On April 20, 2023, Plaintiffs Kimberly Washington and Cynthia Summers, the mother of decedent Danielle Summers, filed suit in the 29th Judicial District Court for the Parish of St. Charles against Defendant FCA, the alleged manufacturer of the Chrysler Van.[8] In their state court petition, Plaintiffs assert claims under the Louisiana Products Liability Act (“LPLA”) for manufacturing defect, design defect, inadequate warning, nonconformity to express and implied warranty, and negligence.[9] Plaintiffs' state court petition alleges only one characteristic of the Chrysler Van was defective and unreasonably dangerous-the vehicle's front and rear side windows were equipped with tempered glass instead of laminated glass (the “Glass Defect”).[10]
FCA timely removed the action to the Eastern District of Louisiana on May 26, 2023.[11] While proceeding before this Court, Plaintiffs engaged Stephen Batzer, Ph.D., represented to be an expert in forensic engineering, “to provide an engineering analysis regarding [the Chrysler Van] rollover collision severity, the design of [the vehicle's] side
windows,” “and to discuss alternatives that [FCA] could have implemented.”[12] In his forensic engineering report dated January 5, 2024 (the “Batzer Report”), Dr. Batzer expressed several opinions related to the Glass Defect, including his opinions that the Chrysler Van “was not equipped with occupant retention side glazing at any position and all side windows failed.”[13] For the first time in this case, the Batzer Report raised an additional defect theory premised on the fact that the Chrysler Van “was not equipped with rollover activated side curtain airbags” (the “Airbag Defect”).[14]
After receiving the Batzer Report, FCA moved the Court to preclude Plaintiffs from asserting LPLA claims related to the Airbag Defect (the “Motion to Preclude”), arguing Plaintiffs' “new defect theory” “prejudices the ability of FCA to retain and identify experts in a timely manner and to produce documents and exhibits to support its defense.”[15] On February 16, 2024, the Court held a status conference at which the parties agreed to continue deadlines to allow for additional discovery related to the alleged Airbag Defect and the Court denied as moot FCA's Motion to Preclude.[16] The parties now agree Plaintiffs assert claims under the LPLA based on two allegedly unreasonably dangerous characteristics of the Chrysler Van-(1) the Glass Defect and (2) the Airbag Defect.[17]
The operative scheduling order required the parties to file dispositive motions by
July 16, 2024.[18] FCA timely filed its Motion for Summary Judgment, arguing the Plaintiffs have failed to present sufficient evidence to create genuine issues of material fact as to their LPLA claims related to the alleged Glass and Airbag Defects in the Chrysler Van.
Outcome: Granted in part and denied in part.
Plaintiff's Experts:
Defendant's Experts:
Comments: