Pumping The Brakes On Unintended Acceleration Allegations
Law360, New York ( February 2, 2015, 9:57 AM EST) -- In Weaver v. PACCAR, a recent products liability case in the Southern District of Georgia, a truck driver mistakenly started the engine while his vehicle was in gear and rolled over a mechanic who was working underneath the vehicle. Although the mechanic claimed that the accident was caused by a design defect in the truck, the court granted summary judgment after finding that the driver was at fault for negligently starting the engine. While "[d]efendant-manufacturers may be expected to foresee negligence born of ignorance," the court noted that "they are not expected to foresee negligence from distraction, inattentiveness, or absent-mindedness. They are not charged with building commercial trucks for those who do not think, any more than cars are to be made for sleeping drivers."...
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