The Ultimate Driving Machine: Is it Really Safe?

In Alegria v. BMW, Riverside County Court, Case # RCV088689, Jim O. Whitworth, a Lemon Law attorney with Norman Taylor & Associates, a well-known California firm, won an important case. Says Whitworth, "this is one that never should have gone to trial, much less Litigation. This was a safety case! The side airbag deployed while Mr. Alegria was driving on the freeway. It was sheer luck that he and his passengers were not killed before they reached the side of the road. Appropriately the jury awarded double damages plus the repurchase of the vehicle."

Glendale, California (PRWeb) February 21, 2007 -- In Alegria vs. BMW, Riverside County Court, Case # RCV088689, Jim O. Whitworth, an attorney with Norman Taylor & Associates, a well-known California Lemon Law firm, took on German automotive giant and won. It was one of those rare occasions when the jury awarded the plaintiff double damages. The total settlement requires BMW to pay $75,960.95 for the repurchase of the vehicle and $151,921.90 damages awarded by the jury: additionally, subject to the courts consideration there will be a motion for pre-judgment interest plus attorney's fees and costs.

The facts of the case were simple. Without the severe airbag safety issue, which we'll discuss in a moment, the vehicle was well qualified for a repurchase under California Lemon Law, based on the eleven (11) electronic and mechanical control system defects. These defects included the engine shutting off when the vehicle was turned to the right or to the left, the accelerator sticking and the engine dying at stops; also the engine would die when placed in reverse.

this is one that never should have gone to trial, much less Litigation. This was a safety case! The side airbag deployed while Mr. Alegria was driving on the freeway. It was sheer luck that he and his passengers were not killed before they reached the side of the road. Appropriately the jury awarded double damages plus the repurchase of the vehicle.

Now we come to the airbag situation. While Mr. Alegria and his two passengers were driving on the freeway, the driver-side airbag inadvertently deployed. Mr. Alegria, despite minor injuries suffered at the time, was able to get the vehicle to the side of the freeway without further injury to himself or his passengers and the vehicle. These injuries were minor compared to what might have happened had he lost control of the vehicle while driving on a busy freeway. BMW contended that he must have hit a pothole on the right front of the vehicle. This assertion was not supported by physical analysis. It did not follow that the airbag, on the right side of the vehicle where it supposedly hit the pothole did not deploy.

As was discovered at trial, BMW's expert was not an expert on the behavior of airbags. Also, as testified to by one of Mr. Alegria's passengers, who is a serving State Police officer, no pot hole was hit prior to the airbag deployment. Another bit of evidence was found in the owner's manual for the vehicle. The manual states clearly that the airbag will not deploy in the event of a minor accident or vehicle rollover. No accident or rollover occurred. There was another safety issue that came out at trial that had significant bearing on the outcome. This vehicle has an additional safety function that failed when the airbag deployed. When the airbag deploys, signals are supposed to be sent to the fuel pump and to the battery shutting both off. This behavior is intended to prevent fire in the event of a crash. Neither signal was sent when the airbag deployed. Mr. Alegria was able to drive the vehicle under power to the side of the freeway and to safety. It is ironic that the very functions that were there to prevent fire did not work and thus allowed Mr. Alegria to reach the side of the busy freeway without an accident occurring.

It should be noted that this isn't the first time BMW has had problems with its safety systems. An earlier recall was issued for this exact problem, the inadvertent deployment of an airbag. The jury in this case understood the situation and decided for the plaintiff in full measure. Once again, California's excellent Lemon Law allowed an ordinary citizen to achieve equity and fairplay.

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